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Chamberlain Estates AZ PP OFFICIALS WAYNE S. FORREY, AICP, City Clerk JANICE GASS, Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney JOHN SHAWCROFT, Waste Water Supt. KENNY BOWERS, Fire Chief BILL GORDON, Police Chief GARY SMITH, P.E., City Engineer 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 FAX (208) 887-4813 GRANT P. KINGSFORD Mayor COUNCILMEN RONALD R. TOLSMA ROBERT GIESLER MAX YERRINGTON ROBERT D. CORRIE Chairman Zoning 3 Planning JIM JOHNSON Centennial Coordinator PATSY FEDRIZZI TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the M~•ri_dian Planning,and_Zoning Commission, may we have your answer by: TRANSMITTAL DATE : .~(1 hQ L . ~~Q'S REQ HY: HEARING DATE: ~u;he ~I ~Q~_ LOCATION OF PROPERTY pR PROJECT: I\I•VU. ~!U ~5T'?JI~I TZt~ ~.M. JIM JDHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C BOB GIESLER, C/C MAX YERRINGTON, C/C BRUCE STUART, WATER DEPT. JOHN SHAWCROFT, SEWER DEPT. BUILDING INSPECTOR FIRE DEPARTMENT POLICE DEPARTMENT GARY SMITH, P.E. ENGINEER • HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PREL.& FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENfi RAL DISTRICT HEALTH NAMPA MERIDIAN IRR. DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PREL. b FINAL PLAT) U. S. WEST (PREL. d FINAL PLAT) INTERMOUNTAIN GAS (PREL. & FINAL PLAT) BUREAU OF RECLAMATION (PREL. b FINAL PLAT) WAYNE FORREY, AICP, PLANNER CITY ATTORNEY CITY FILES OTHER• x ~ • • • ~ fiEG~UEST FUFc SUBDIVISION APPROVAL PRELIMIHAkY PLAT ANL/Ok FINAL PLAT PLANNING ANU ZONING COMMISSION TIME TABLE FOR SUBMISSION: A request for preliminary plat approval must be ir, the City Clerks possession, no later than tt,ree days following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will hear the request at the mor,tt,ly meeting following the month the request vas made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation, are received before 5: fo0 P. M. Thursday following the Planning and Zoning Commission action. GENEKAL INFOkMATION 1. Name of Annexation and Subdivision.CHAMf3L-R.~-~41N CSTR7Es `~D-V15ior~ 2. General Location, _rIW `ly `~C~- ~ T3N RIE B•M , B~l-2L. L. P~PKIN BONA W ire- VAM OrtOFJZ ~V-N A. rl o~ 3. Owners of record, -~!~ N Q'. ('~PKIIV R• -.YNE~.L V.4 N o2pE/Z 1~2ENL' K, Ho.su Address. 3'i S~ G S2Nd f3o-~t .Zip 83703Telephone_ -37~ 3Dl'~ 4. Applicant, 1CEVlN ~ ~-}owEL~- Address,3'~51 E SLNO ~Olal~ 83'703 5. Engineer, ~A,M~S G ME72K.LE Firm ~iVal3c.C ~IG~t-IG~-MG SoJSE Address 9550 SE7}fE'L CT .Zip 6370 Telephone 3Z2- L'442 6. Name and address to receive City billings: Name /~1PPLIG,ANT Address Telephone PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres Z7•os 2. Number of lots ~~ 3. Lots per acre 3•GCo 4. Density per acre 3•GL 5. Zoning Classificationcs) PieoPoS~ ~'g ~, ~ ~ T' . • ~ ~ 6. If the proposed subdivision is outside the Meridian, City Limits but within the jurisdictional mile, what is the existing Zoning classification /4DJE Cd. 2-T 7. Does the plat border a potential green belt Il/o 8. Have recreational easements been provided for IVo 9. Are there proposed recreational amenities to the City N o Explain 10. Are there proposed dedications of common areas? YE 5 Explain__~'R~METf,~ L,.NoSc/~pMG ~'t~eANlt~ lscAc~o, RE'rEt~ra•~ ~~~4 For future parks? Ntt~ Explain 11. What school t s ) service the area M EY2.~o~AN , do you propose any agreements for future school sites Alc~ . Explain 12. Other proposed amenities to the City ?C Water Supply 'x Fire Department ~-`~ ~'~R'~ ~ ~- Other _ . Explain 23. Type of Building (Residential, Commercial, Industrial or combination) 'IZsStD'ENTIA~- 14. Type of Dwelling(s) Single Family. Duplexes, Multiplexes, other S1N G ~~ ~~FM 1 Ly 15. Proposed Development features: a. Minimum square footage of lot t s) , l~SDO 'S r'" b. J7inimum square footage of structure(:) l~E~ O~t.DINl4NLt c. Are garages provides for, X square footage 'tbo SF. d. Are other coverings provided for t~lt7 e. Landscaping has been provided for X Describe ~P~?.i_Mt"TE~ ~ GKTIL4~oE ~S~AhlDS ~ Gow~NAM'S RFLiU IRE LJ4 N D scat fl N C~ FvR d~c.N 'B u, ~~irl4 L~ t2) ~, • • t; f. Trees will be provided for yFS . Trees will be maintained ~y ~o~utED~JN~ S ~SSot_.. g. Sprinkler systems are provided for yE~ h. Are there multiple units Nn Type remarks i. Are there special set back requirements ~~ Explain j. Has off street parking been provided for lyo .Explain k. Value range of property- ~ $O, Do0 -- ~ 1ZTj 000 1. Type of financing for development sTRN0/42L"~ m. Protective covenants were submitted .Late 16. Does the proposal land lock other property r10 Does it create Enclaves yt_~j . ALoti/G C.OC,usi G¢aV~: STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters ar,d sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Er,gir,eer. All sidewalks will be five (5) feet in width. ~. Proposed use is ir, conformance with the City of Meridian Comprehensive Plan. 3. Development will car,nect to City services. 4. Development rill comply with City Ur~dinar,ces. 5. Preliminary Plat will include ell appropriate easewents. E. Street names must nut conflict with City grid system. (3) • ~ AIJG- i i-199 15 ~ 33 FROrt C 1 T1' C1F MERIDIAN TO 3?8039 P. 02 APPLIATION FOR ANNEXATION APPROVAL & ZONING OR REZONE MERIDIAN PLANNINti AND ZONING COMMISSION FILING INFORMATION I. GENERAL INFORMATION CHAM13EiZI,~iN GSTA?~S S~r3DIV15)ON (PROPOSED NA?4E OF SUBDIVISION) N w 'ly S~ 5 T . {GENERAL LOCATION) S~~ ~?T!-~C,f-~E I~ !-~i4 l~ (LEGAL DESCRIPTION -ATTACH IF LENGTHY) RvNktp W. vgrOr~e.1" (~. LYnel.i_ ~yJQrzQC2 f3u2~ L, P~Pt~~~~ V~~,~~- ~:-- -~~-~r-art K~yIN ~ ~owEt,-L =2ENt K. NowEt-lam 375-3012 (OWNER{S) OF RECORD) {NAME) (TELEPHONE N0.) 3ySl L 52Np L~-N~ goiSC 83"?03 (ADDRESS) lCEV-N !fir 1-1-owGL~ 3'75-301~- (APPLICANT) {NAME) (TELEPHONE NO.) 3y51 ~ 52NO ~N~ ~otst 83703 (ADDRESS) t-+UF3F3 LE ~ntG-N~~.1N G _ 322- 894 2 (ENGINEFsR, SURVEYOR OR PLANNER) (NAME) (TELEPHONE N0.) 9 S5o F3 c-r~-~ ~ ~- GT '~30 ~ sE - o s 3 7 o g ADDRESS) c~-ry of MEi2tDt~4 N ___ _ _- (JUAISDICTION(S) REQUIRING APPROVAL) t~ES~Dc~IT1~4L (TYPE OF 6UBDIVISION - RESIDENTIAL, COMMBBCIAL, INDUl5TRIAL) ~-• 27, o~ ACR$S OF LANG iN CONTIGUOUS OWNERSHIP. (ACCEPTED BY:) (F$EI ~ .~ V ~, • RUBBLE ENGINEERING, INC. 9550 Bethel Court ~ Boise, Idaho 83709 URVt' Project No. 93-053 HOWELL 27 ACRE PARCEL May 10, 1993 The South half of the South half of Government Lot 4, and the West half of the NW1/4 of the SE1/4 of the NW1/4, and a portion of the North half of the SW1/4 of the NW1/4 of Section 5, T.3N., R.1 E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the quarter corner common to said Sections 5 and 6, thence North 00°24'35" East, 1330.70 feet to the N1/16 corner and the REAL POINT OF BEGINNING. Thence continuing North 00°24'35" East 318.20 feet to a 11256 corner; thence South 89°35'39" East, 1327.25 feet to a 1 /256 corner on the East boundary of Government Lot 4; thence South 00°26'06" West, 319.39 feet to the NW1/16 corner; thence continuing South 00°26'06" West, 9.24 feet to a point on the North boundary of that tract of land as described in Instrument No. 7730617, records of Ada County, Idaho; thence South 89°44'12" East along said North boundary, 331.34 feet to a 5/8" iron pin; from which the South boundary of Government Lot 3 bears North, 8.11 feet; thence South 00°24'04" West, 655.80 feet to a 1 /256 corner; from which the Southeast corner of that tract of land as described in said Instrument No. 7730617, bears South 12°05' West, 3.96 feet; thence North 89°35'32" West, 331.72 feet to a 5/8" iron pin marking the C-S- NW1/64 corner; thence continuing North 89°35'32" West, 738.47 feet to a point; from which a 1/2" iron pin marking the Southwest corner of that tract of land as described in said Instrument No. 7730617, bears South 4°30'28" East, 5.53 feet; thence continuing along said tract's Westerly boundary North 4°30'28" West, 393.12 feet to a 1/2" iron pin; thence North 89°42'09" West, 554.65 feet to a point on the West boundary of said 208/322-8992 ^ Fax 208/378-0329 Page 1 of 2 ,~ Section 5, from which the quarter corner common to Sections 5 and 6, bears South 00°24'35" West, 1055.96 feet; thence North 00°24'35" East, 50.00 feet to a 5/8" iron pin; thence South 89°42'35" East, 548.22 feet to a 5/8" iron pin; Prepared By: RUBBLE ENGINEERING, INC. _..--~-~-,--..-r.. ~/ ~'. _ ;.; ~t. '', '~ s ~. 9 it ,: ; ~ , ~ ~ :r. i i; '' f O F~w~~ thence North 3°53'33" West, 211.83 feet to a 5/8" iron pin marking the Northwest corner of that tract of land as described in said Instrument No. 7730617; thence continuing North 3°53'33" West, 11.96 feet to a point on the South boundary of said Government Lot 4; thence North 89°32'34" West, 531.43 feet to the Point of Beginning. Containing 27.05 acres, more or less. DTP/bh/523.des D. Terry Peugh, L.S. Page 2 of 2 • • NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Met^idian, Idaho, at the hour of 7:30 p. m. , an June 8, 1993, for the purpose of reviewing and considering the Application of Byrl L. Pipkin, Vivian J. Pipkin, Ronald W. Vanorder, R. Lynell Vanorder, Kevin Howell and Irene K. Howell, for annexation and zoning of appT^oximately 27.05 act^es of land located in the Northwest 1/4 of Section 5, Township 3 North, Range 1 East, Boise-Meridian, Ada County, Idaho, and which property is generally located South of Ustick Road , East of Locust Grove Road and North of U. S. Highway 30. That the Application requests annexation with zoning of R-8. Furthei^ Applicant requests Pt^eliminary Plat approval of the poi^cel of land above described for 99 dwelling lots for Chamberlain Estates Subdivision. A more paT^ticular legal description of the above property is on file in the City Clef^k's office at Met^idian City Hall, 33 East Idaho Stt^e et, and is available for inspection duT^ing regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated t h i s ~_ day of May, 1993. WAY F RREY, CITY CLE K 4 't • • PROPERTY OWNERS WITHIN 300' OF HOWELL - 27 ACRE SUBDIVISION Billie W. and L. Joy .Brown 2795 Wingate Meridian, ID 83642 Vern R. and Angelina P. Alleman 2101 E. Ustick Meridian, ID 83642 John Wilder, et. ux. P.O. Box 1064 Eagle, I D 83616 Shannon Maureen Aguirre 2770 N. Locust Grove Meridian, ID 83642 E. E. and Virginia K. Brinegar 1639 Conant Avenue Burley, ID 83318 W. Edward and Bonnie E. Griffith 2680 N. Locust Grove Meridian, ID 83624 Phillip K. Kotschwar P.O. Box 190 Middleton, ID 83644 Jack C. and Jacqueline A. Riddlemoser P.O. Box 37 Meridian, ID 83642 Meridian Place Ltd. P.O. Box 7727 Boise, ID 83707-1727 Webb and Sharon J. Reines 2616 N. Valmet Place Meridian, ID 83642 • David E. and Ana S. Williams 2628 N. Valmet Place Meridian, ID 83642 Tim V. and Danielle L. Bradley 2625 N. Valmet Place Meridian, ID 83642 Daniel L. and Georgeanne L. Smith 1686 E. Meadowgrass Street Meridian, ID 83642 Timothy R. and Martha A. Stockwell 1716 E. Meadowgrass Street Meridian, ID 83642 Terry A. Nelson 1722 Meadowgrass Street Meridian, ID 83642 Norman E. and Anne N. Larson 2552 N. Lochness Way Meridian, ID 83642 Dianne K. -Bowen 2520 N. Lochness Way Meridian, ID 83642 Somphone and Vonglakhone Sonephathoum 2488 N. Lochness Way Meridian, ID 83642 Steve E. and Cindy R. Wheeler 1699 E. Meadowgrass Street Meridian, ID 83642 Interwest Development Corporation 3350 Americana Terrace, #200 Boise, ID 83705 • Matthew J. and Joani M. Casserino 2484 N. Laughridge Avenue Meridian, ID 83642 • • Brenda S. Kinney 1986 E. Glenloch Street Meridian, ID 83642 John Wong Nu To Tang and Vong Tuan 1972 E. Glenloch Street Meridian, ID 83642 Ryan W. and Jennifer M. Hunt 5489 N. Stadel Boise, ID 83703 Donna Lee Caley and Mary H. Reyes 1924 E. Glenloch Street Meridian, ID 83642 Construction Technology Corporation 3504 Tulara Boise, ID 83706 Daryl D. and Karen E. Carson 1866 E. Glenloch Street Meridian, ID 83642 Jeffrey and Janeale R. McClees 1842 E. Glenloch Street Meridian, ID 83642 Paul R. and Janet L. Harward 1818 E. Glenloch Street Meridian, ID 83642 Jack C. and LeAnn C. Methner 2173 E. Lochmeadow Court Meridian, ID 83642 Wayne Harmon Stacey 2185 E. Lochmeadow Court Meridian, ID 83642 Delon J. and Shannon F. Makinen 2197 E. Lochmeadow Court Meridian, ID 83642 Bobby F. and Sheryl L. Howe 2194 E. Lochmeadow Court Meridian, ID 83642 Franklin Homes, Inc. 5472 N. Eugene Boise, ID 83703 Douglas G. and Noreen K. Miller 2415 W. Ustick Meridian, ID 83642 Michael Robert and Janette Lynn Nersveen 2498 N. Meadowglen Place Meridian, ID 83642 Kelly Eugene Hibbs and Robin Lynn Helm 2518 N. Meadowglen Place Meridian, ID 83642 Randy K. and Eileen Williams 2530 N. Meadowglen Place Meridian, ID 83642 Lorri Chapman 2542 N. Meadowglen Place Meridian, ID 83642 Carl K. and Kathleen Baker 4504 W. Quail Ridge Drive Boise, ID 83703 Herbert W. and M. Adelia Pipkin 2547 N. Meadowglen Place Meridian, ID 83642 Amyx Builder, Inc. 10285 Alliance Boise, ID 83704 • Jerry and Philene Lewis 1030 E. Chateau Meridian, ID 83642 . °. /rpt. • . Jessie Mary Stewart 2506 N. Laughridge Avenue Meridian, ID 83642 Hooban Lake Corporation 11500 Hidden Valley Rim Road Boise, ID 83709 Jerry B. and Lesha R. Knapp 2581 N. Laughridge Avenue Meridian, ID 83642 Steve L. and Cheryl L. Palmer 8735 S. Linder Road Meridian, ID 83642 Ryan W. and Jennifer M. Hunt 5489 N. Citadel Boise, ID 83703 Craig A. and Alaine Blaser 2501 Anderson Street, #9 Boise, ID 83702 C. Dwayne and Joni D. Craft 9768 W. Rifleman Boise, ID 83704 Corey Barton 7498 Long Drive Boise, ID 83704 r. ~, • • NOTICE OF HEARING NOTICE. IS HEREE3Y GIVEN pursuant to the Ordinances of the City of rvieridian and the laws of the State of Idaho, that the City Council of the City of Meridian will bald a public hearing at the Meridian City Hall, 33 triast Naha Street, Meridian, Tdaho, at the hour of /:3O p,m., on August 17, 1993, for the Purpose of reviewing and considering the Application of L3yrl L. Pipkin, v~.v.an .T. PS.pkin, Ronald W. Uanorder, R. Lynell Vanarder, Kevin Nowe.l.l and Irene K .h-iowell , for annexation and zoning of r~PPraximatel.y ~7.0~~ acres of land located in the Northwest 1./4 of Section ~, `T"awnship 3 North, Range 1 East, Eloise-Meridian, Ada i~;a~.~nty , Ida.ha , and which Property is generally located South of iJstck Raad r_ast of Locust Grove Road and North of U.S. Highway :~U. -liiat the Application requests annexation with zoning of R-8. Further- Applicant requests Preliminary Plat approval of the parcel of land above described for 99 dwelling lots for CI-~amberlaa:n Estatos Subdivision. A mare particular Legal description of the above property is an file in the City Clerk's office at Meridian City E-iall, 33 East Idaho Street, and is available far inspection during regular bus r-~ess hours . A ::opy of the Application is available upon request, Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimanv. Bated this _ . `.~, .. _. day of .7uly , 1.993 . WAY'NE S .~~~,0 RE:Y , CITY CL RK i • ~ ~ ' x~ ~Y.A.' ' ~. 1 I r I ~:7 y 1 ryl I , ~ i 1 I • ~ ~' . l ' ~ ~ 1 ,I~ ~ j ~'.~ n~.,,y . y. Z W j t • NI 1 NM' y,r .' ' ~ ~q+ ,J ~b n t 0 «0; n ~~ ~ • u- ) a ~ Z ~ _' W . G I 1 ~ ~ ~ ~ ~ ~ 1 1~ • •aO ~ ~ ; ' r , ~ W ~ . i - -~_____ -- N ~, ~ 1 ~~ t ~ , ~ ~ ~ oo~ ; ~ , ~O : . ,.. . . ~ 1 I / . ` r ' 1 : , ' 0 ~ 1 • ^ A • • . 1 ~ ~ / ~ 1. ''' 'Y'~ l.c t. a - _ ~ ~ •~ ~ ' ~ , ~• }j~^ \ D ! y • ,/~ ~ V , ~ 14 ' • _ Vl lQ ~ • ! • A ; . ~ .. d. LY ~ • D ~ ~ . :. ^, :. ~ .J • \ ~ N . C ! * 1 • ! ! x ~ • .'its t t •). • "Ir ••:r . ti • I . •.•~•• ~ ~. ~ __ ~_-- ~ • • 1 ~f •~ yl I •.• 1~ Iy [i ~( Z~,'Z /~~~YJ~ !'~a r l" ''~~ 1 ~ ~ 1. 1 ~ F a1 • :a~ ' I N ~~ 1 ~I d 111 ^I ~~ 1` ~ - • s N ~ -` ~~: . ~ / yy ~ ~ ~1 S ~ ~ 2 ~ t . ~ , t Q J Q- Qp y • y ' r L o . • _ - -- ~ IU N ~ ~'"'" ol~llnr kl _ ~ • , ~ , 1 I f ~ - ^ ~ t y j W U 1 • , • W w t .. Q t • • ' • 1 1 ~ Q ~ Q t t / " ~ ~ t • 7DN)M )IIr1 I . I 4 d • • • I (] t ' R L• ~ : ~ tl W Y i L N .1j~ n • y ~11Y 1 nr 1. _ ~ - --- -- ' ~ --- 11 Z ~ i ~ ~ ~ , 11 ~ ~ Z ~ ~ ~ J ___---J W ~ /~ I - I`s __~,_l ;~ i~ W ~ ~ J 1 ,1 ~I FF 9 2 ~ i994 CITY (~F 1~~""'~?~' GLENN J, RHODES, President SHERRY R. HUBER, Vice President JAMES E. BRUCE, Secretary TO: Kevin A. Howell 3451 E. 52nd Street Boise ID 83703 FROM: Larry Sale, pe r Developmen~ erv February 16, 1994 SUBJECT: CHAMBERLAIN ESTATES SUBDIVISION - PRELIMINARY PLAT On February 16, 1994, the Commissioners of the Ada County Highway District (hereafter called "District") took action on the Preliminary Plat as stated on the attached staff report. In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: 1. Drainage plans shall be submitted and subject to review and approval by the District. 2. If uublic street improvements are required: Prior to any construction within the existing or proposed public right-of- way, the following shall be submitted and subject to review and approval by the District: a. Three complete sets of detailed street construction drawings prepared by an Idaho Registered Professional Engineer, together with payment of plan review fee. b. Execute an Inspection Agreement between the Developer and the District together with initial payment deposit for inspection and/or testing services. c. Complete all street improvements to the satisfaction of the District, or execute Surety Agreement between the Developer and the District to guarantee the completion of construction of all street improvements. ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 /, February 16, 1994 Page 2 3. Furnish copy of Final Plat showing street names as approved by the Local Government Agency having such authority together with payment of fee charged for the manufacturing and installation of all street signs, as required. 4. If Public Rights-of-Way Trust Fund deposit is required, make deposit to the District in the form of cash or cashier's check for the amount specified by the District. 5. Furnish easements, agreements, and all other datum or documents as required by the District. 6. Furnish Final Plat drawings for District acceptance, certifications, and endorsement. The final plat must contain the signed endorsement of the Owner's and Land Surveyor's certification. 7. Approval of the plat is valid for one year. An extension of one year will be considered by the Commission if requested within 15-days prior to the expiration date. Please contact me at 345-7680, should you have any questions. LS cc: Development Services Chron Hubble Engineering Meridian City Hall RECEIVED JUN 2 2 1994 CITY tlri' i.;it;i~i-iuln~~ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 Richard Tomlinson Hubble Engineering, Inc. 9550 Bethel Court Boise, Idaho 83709 Re: Chamberlain Estates Subdivision Dear Richard: OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 The Nampa & Meridian Irrigation District has completed its review of Chamberlain Estates Subdivision. The drainage calculation for the above mentioned project meet the District's requirements. It appears that all drainage will return to the District's Finch Lateral on the north side of this property. Nampa & Meridian Irrigation District will require a License Agreement for this discharge. Please contact the District's attorney, Andy Harrington, at 342-4591 in regards to this matter. There has been some discussion regarding a pressurized irrigation system within Chamberlain Estates Subdivision. Prior to Nampa & Meridian Irrigation District taking over the operation of the pressurized system, a review will have to be completed and the appropriate agreement will need to be signed. Please contact us when all plans regarding this matter have been finalized. Sincerely, Bill Henson Assistant Water Superintendent pc: Each Director ---:~ Secretary of the Board `~a ~~;~ District Water Superintendent Andy Harrington t~ John Sharp ~~' ity of Meridian Ada County Development Services File APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS • 23,000 BOISE PROJECT RIGHTS •40,000 16 June 1994 ~~ F ~ 8 2 ~ 199~t G ~ rivG T*ITER -DI;?'F1R`I'~~~*~I dF ME~IID~AT~ ::;;,RfiESPnNP,rPICE JAMES E. BRUCE, President GLENN J. RHODES, Vice President SHERRY R. HUBER, Secretary CG: EiCHI: Corranission Fr~OM: DeveJ.opment Services ''.?-iAP4BRES JDSTECH DATE: February 9, 1994 SUBJECT: i?REL:LMINARY PLAT - CHAMBERLAIN ESTATES SUBDIVISIbN 2evised Requirement (Deve.loper - Kevin A. FIoweil, 3451 E. 52nd St.., Boise, iD 83703} (Engineer - Hubble .ngineeriny, Inc., 9550 Bethel Ct., Boise, tD 83709) FACTS & FINDINGS: 1. Chamberlain Estates is a 99-lot single family residential subdivision on 27.1 ar,.res of property located on the east side or" Locust Grove approxi- mately 1,0U0-feet south of Ustick Road. There will be 4,400-feet of new public streets added to tl-ie system. The District reviewed this project on December 22, 1993 anal a correc- tion is being made t:o Site Specific Requirement #3. Direct lot access to Locust Grave Road is allowable for Lot 13 of Block 3 which is a drain- age lot, not a building lot. `1`he staff report is corrected to modified f:I1P. requirement accordingly. 2. Locust Grove Road currently has 50-feet of right-of-way and is im- proved with 24-feet of pavement. The 2UUU Urban Functional Street Classification i~ap designates Locust Grove as a minor arterial roadway, which generally requires a minimum of 66-feet of right-of-way (t.he j~istrict requires 9U-feet of right-of-way an arterials in an urban impact area), width sufficient for 4 traffic lanes (52-foot street section) and 5-foot sidewalks, and bicycle path- ways. The ult.i.raate right-of-way should be acquired now to minimize acdu.isition and construction costs in the future. In the interim, the developer wi11 be required to construct 5-foot side- walk. ado county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 .- :F~L_i.°3I£v~~t~i.' PLAT - CH.f1MBF~""_ AIN EST~ITES (` ~'r~bruary 9, 1994 k'~3QE? ~ ?. `x he E~CrID C:apitai l:mprovement Pian indicates that ~t,ocust Grove is approved ~.°.or use n.€ Road Impact F'ee funds to increase its capacity; therefore, Load .Impact Fee offsets may ~.~e g_iven for. construction of the roadway rlrrprovernerli_s along Locust Gro~ae by the developer. and for rig}Zt-of-way dedication in addition to what exists now. ~ person seek- j.ng ca.ffsets must stitbmit an application to the impact fee administrator_ prior to rireakirg ground, i.n accordance with Section 15 of ~CHD Ordi- nance #138. 4. Laughridge llvenue abutting the south boundary of the parcel) is a :Local. street: that has 5Q-feet af. :right-ot-way and is fully improved. 5. The public hearing for this application was held by the Meridian Plan- ni.ny ~ Zoning Commission on June 8, 1993. SI'PE SPECIFIC REQUIREMENTS: ).. Dedicate 45-feet of r::.ght-of--way from the centerline of Locust Grove :-~1~utting parcel (2Q additional. feet). `1'he owner will he compensated for t-his additional right--~af-way Pram available .impact fee revenues. ir, this benefit zone. 2. Construct 5-foot wide concrete sidewalk along Locust Grove abutting parcel adjacent to the new right-of-way Line. Provide a deposit to the Public Rights-of-Way Trust Fund for the required sidewalk along the frontage of Lot l3. 3. Direct lot or parcel access (except Lat 13 of Slock 3) to Locust Grove is~ prohibited, in compliance wi-th District policy. Lot access restric- tio.~s shall be stated on the f:inai plat. 4. f~rovide proper intersection offset or alignment at Locust Grove with the proposed subdivision on the west side of Locust Grove. Coordinate with the developer across the street and with District staff.. 5. P:ravide stub streats to the east and north property line as shown orI the revised preliminary plat. STAt3DARD REQUIREMENTS 1. :;treat and drainage improvements required in t:he public rightrof-way shall be designed and constructed in conformance with District stan- dards and policies. 7. Dedicated streets and drainage systems shall he designed and construct- ed in conformance w;~th District standards and policies. 3. Specifications, land surveys, .reports, plats, drawings, plans, design information and calculations presented to ACHD shall be sealed, signed ~?Rr.LIP9ItitARY FLAT - CHA?~IlY ESTATES • ebrtrary ~r, 1994 -1c~P. :and dated by a Rea:iste:red Professional Engineer or Prafessiona.l Land Surveyor, in compliance with Naha Code, Section 54-1215. ~~. Provide written approval from the appropriate irrigation/drainage dis- t:.rict authorizing storm .runoff into their system. 5. Locate obstructions (utility facilities, irrigation and drainage appur- tenances, etc.) outside of the proposed street improvements. Authoriza- tion for relocations shall be obtained from the appropriate entity. 6. Continue. existing irrigation anal drainage. systems across parcel. 7. Submit. three sets of street construction plans +..c the flistrict for review and appropriate action. 8. Submit site drainage plans and calculations for review and appropriate act~.on Ley ACHD. The p.roposeci drainage system shall con~ormto the re,.~uir.ements of T4eridian City and shall retain all storm water on-site. Publir_. street drainage facilities shall be :Located in the public right-of- way or i.n a drainage easement set aside specifically far that use. 't'here shall be no trees, fences, bushes, sheds, or other valuable amen- ities placed in said easement. Drainage easements and their use restric- tions shall be noted on the plat. 9. Provide design data for proposed access to public streets for :review anti appropriate action. by ACHD. 7.0. Locate driveway curb cuts a minimum of 5-feet from the side lot proper- t.v lines when the dr.i.veways are not being shared with the adjacent property. 1.1, i)everaper shall provide the District with a copy of the recorded pi.at prior to the installation of street name signs. 12. Install a stop sign on every unsignalized approach at a project street to an intersection invo.Lving a collector ar arterial as the cross-street. The stop sign shall be installed when the project street is first accessi- ble to the motoring public. 13. A right-of-way permit :rust be obtained from ACHD for all street and ul.ili.ty construction within the public right-of-way. Contact Construc- tion Services at 345-'7667 (with zoning file number] far details, ~'rr,ti MTNARY t~T,A'.I' -- ::'iIAMLj'' ~,~,IN ESTATrS ~'ebr-uary 9, 19g~ Page 4 :! 4. ~ :request for ;nod.ificar_:i_on, variance- or waiver of any .rec~iirement or policy outlined herein shall be made, in wr:iti.ng, co the i~tanager of Engineering Services within :t5 calendar days of the original Commission action. The request shall include. a statement Explaining why such a requirement would. result in substantial hardship or inequity. Should you have any questions or comments, please contact the Develap- atent. Services section at :s4~-76fi2. STAFF SITBMITfiING; ~.,ar.r. y Saie DATE OF COMMISSION APPROVAL: DEB 16 199 ~ ~ o ~ ~ ~ - ~ ~ +ti~ ,~ ~ ~ ~ . ~ ~.' ~ ~ ..... ~ ~ ~ ~ ~ ~ •~ a .t ~ - ~ ~ ~ C ~ ~ ~~ , • t r ~• 1 _ = ~ i i Y ..~ 1^ . ~ ~ .r - ~ ' •• ' 1 . -i ..e ~ ~~. ~~.. 11''Y+ M l: r~ • i ~~ ~ /'~ ~~L . .~- t iv ~ • _' t _ .. - h' ~~i ~'}~ 1 ~ • ` ,• . • t -~.~1 • ~ ~` • r• ••~~ ` •- • ~ ~ . i' .~ ~ ~ • 1 y/~ ~ • ~ / i1 • • • . ~I. • ~ • ~ • • ~_ . ~, s • ..,°' i ~ ~ s ~ 1 p- ~ ~ . ..•• r;~~ (r 0 ~ . p ~ ['~~t ~ } 2 ; i /~a L-' u ~ f • ~ ~: r ~ ~ ~ . ~ ~ r r .. ~ ~ ;1 Cj~~~ ~ _ - ~' 1 iIi ~i5 .«.:i.. I 1 ~ / I ~1 ---- 1~ ,1 11 ,~ ~~ ~1 - ~t ~ -JI 11 ti I ' ~ ~ / 1 '' / ' I / •`~ ~,. I .r._ ~ .g. 1' ~ ' .~ ~ ~ I ~. . DATE: ~~s~ =~~ MERIDIAN CITY 1NCIL AGENDA ITEM NUMBER II APPLICANT: ~e_~~~ ~~~~P1~ REQUEST:. AGENCY COMMENTS- MERIDIAN POLICE - MERIDIAN FIRE DEPT. - MERIDIAN CITY ENGINEER - MERIDIAN ATTORNEY - MERIDIAN POST OFFICE - MERIDIAN SCHOOL DISTRICT - MERIDIAN BUILDING DEPT. - ADA COUNTY HIGHWAY DISTRICT - ADA STREET NAME COMMITTEE - CENTRAL DISTRICT HEALTH - NAMPA MERIDIAN IRRIGATION - SETTLERS IRRIGATION - IDAHO POWER - US WEST - INTERMOUNTAIN GAS - BUREAU OF RECLAMATION - MERIDIAN CITY ATTORNEY -See"F~vx1~~S o~ Fact- ahd Conclu-s1onS c~ lwwq MERIDIAN PLANNING DIRECTOR - OTHER COMMENTS: ~ ORIGINAL BEFORE THE MERIDIAN CITY COUNCIL KEVIN HOWF~LL clno.~loorta~,..~.. ~~~ ANNEXATION AND ZONING NORTHWEST 1/4 SECTION 5, T. 3N., R. 1E., BOISE MERIDIAN MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on August 17,1993, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant not appearing but Jim Merkle appearing on behalf of Applicant, and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for fifteen days weeks prior to the said public hearing scheduled for August 17,1993, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the August 17,1993, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were made available to newspaper, radio and television stations; 2. That the property included in the application for annexation and zoning is described in the application, and by this FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 1 • reference is incorporated herein; that the property is approximately 27.05 acres in size; it is located in the Northwest 1/4 Section 5, Township 3 North, Range 1 East. 3. That the property is presently zoned by the county as R-T Rural Transition and the requested Zone is R-8, Residential. 4. The general area surrounding the property is used agriculturally, and residentially. 5. That the property is adjacent and abutting to the present City limits. 6. The Applicant is not the owner of record of the property but the owners of record consented to the Application. 7. That the property included in the annexation and zoning J application is within the Area of Impact of the City of Meridian. 8. That the entire parcel of ground is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 9. That the Application requests that the parcel be annexed and zoned as indicated in paragraph 3 above; that the present use of the property is for agriculture; that the applicant indicated that the intended development of the property is for a single family R-8 subdivision and Applicant submitted a preliminary plat. 10. There were property owners in the immediate area that testified as to the Application; that Vern Allman, a property owner to the east and south of the proposed subdivision had concerns over ground and surface water and desired to have a performance bond to help resolve problems; Burk Borup also has concern over surface and FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 2 • ground water; Dale Sharp had concern over water and over high density; John Sower had water concerns and wanted enforcement of the ordinance requiring cleaning of ditches; Don Bryan had water concerns as did Helen sharp and Joy Brown. 11. That the property is located in the NORTH CURVE NEIGHBORHOOD Area; that under Housing Development on page 25 and 26 of the Comprehensive Plan property inside the Urban Service Planning Area may be developed at greater densities than one dwelling unit per acre. 12. That in the Rural Area section of the Comprehensive Plan it does state that land in agricultural activity should so remain in agricultural activity until it is no longer economical to exclude orderly growth and development. 13. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots. 14. That the property can be serviced with City water and sewer but the City Engineer asked, "How will water and sewer mains serve this project." 15. That the Police Department, School District, City Engineer, City Fire Department, and Idaho Power submitted comments and such are incorporated herein as if set forth in full; that the Ada County Highway District may submit comments and such will be incorporated herein as if set forth in full. 16. The Meridian School District submitted comment and such FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 3 • • is incorporated herein as if set forth in full; its comment was that there is no excess capacity in the schools of the District and that residents of the new subdivision could not be assured of attending the neighborhood schools; the School District asked for support for a development fee or a transfer fee to help offset the costs of building additional schools. 17. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, stated as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the proposed subdivision."; that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the City knows that the increase in population does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and the City knows that the increase in population does not provide sufficient tax base to provide for school services to current and future students. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 4 18. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which if possible would be retroactive and apply to all residential lots in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 19. That the R-8, Residential District is described in the Zoning Ordinance, 11-2-408 B. 2, and such is incorporated herein as if set forth in full; that the Applicant submitted a preliminary plat. 20. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide." 21. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement;" 22. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" 23. That Section 11-9-605 K states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 5 • • may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi- improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and natural value, especially waterways, drainages and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal; linkages; and 6. To link residential neighborhoods, park areas and recreation facilities. 24. That Section 11-9-605 L states as follows: Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Council shall consider the Bicycle-Pedestrian Design Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. 25. That there are other subdivisions in the same section of land that have been zoned R-8 but development has been limited to single family dwellings and no duplexes or townhouses; that the proposed density is 3.66 which is R-4 density but the lot size and street frontage is less in the R-8 zone as compared to the R-4 zone. 26. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission were given and FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 6 • • followed. CONCLUSIONS OF LAW 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a Legislative function. 3. That the Planning and Zoning Commission has judged this annexation and zoning use application contained in Section 50-222, Idaho Code, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 7 • • 7. That the annexation application has been initiated by the Applicant, and the annexation is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616 which pertains to development time schedules and requirements and 11-9-605 M, Piping of Ditches; that the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, K, L and the comments of the Planning Director, Wayne Forrey, relating to the lack of adequate recreation facilities and that land set aside for a future park would be desirable, that the City is in need of land set-asides for future public service use, that a school site was not reserved and the subdivision, when developed totally, would contribute 129 children to the School District, a greenbelt along the South Slough and co-ordination was needed with the Pathway Plan; that the development agreement shall, as a condition of FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 8 • • annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any development fee or transfer fee adopted by the City; that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de-annexation and loss of City services, if the requirements of this paragraph are not met. 10. That proper and adequate access to the property is available and will have to be maintained; that the single access on to Locust Grove is not a good plan of access for 99 lots and development may have to be phased to limit development to 50 lots until additional access is provided; this however is not an annexation issue and should be addressed in the platting. 11. That the Applicant's property is located in the NORTH CURVE NEIGHBORHOOD Area as designated in the Meridian Comprehensive Plan; that it is concluded that the property is in compliance with the Meridian Comprehensive Plan does not conflict with the Rural Areas policies. 12. Therefore, based on the Application, the testimony and evidence, these Findings of Fact and Conclusions, and the Ordinances of the City of Meridian, it is ultimately concluded that Applicant's property should be annexed and zoned as requested; that development shall be restricted to single family dwellings with no duplexes or townhouses; that the house size shall not be less than 1,301 square feet; that the development of the property shall meet the representations of the Applicant and his agents and included in FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 9 • • the Application, that the conditions shall also include those stated above and upon issuance of final platting and other conditions to be explored at the City Council level; that such annexation would be orderly development and reasonable if the conditions are met; that the property shall be subject to de- annexation if the conditions are not met and strictly adhered to. 13. That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled the property shall be subject to de-annexation. 14. That the requirements of the Police Department, City Engineer, School District, Idaho Power, Ada County Highway District, and the Meridian Fire Department shall be met. 15. With compliance of the conditions contained herein, the annexation and zoning of R-8, Residential would be in the best interest of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 10 C APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COUNCILMAN RON TOLSMA VOTED v1d.Q COUNCILMAN BOB CORRIE VOTED COUNCILMAN BOB GIESLER VOTED COUNCILMAN MAX YERRINGTON VOTED GRANT P. KINGSFORD (TIE BREAKER) VOTED. MOTION: / APPROVED: ~// DISAPPROVED: DECISION The City Council hereby decides the annexation and zoning requested by the Applicant for the property described in the application is approved with the conditions set forth in these Findings of Fact and Conclusions of Law and compliance with the Ordinances of the City of Meridian and that the applicant enter into the development agreement required by these findings of fact and conclusions of law. MOTION: / APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 11 DF?TE ~u U.St l 3 MERIDIAN AGENDA I TEM NUMBL ~`,~ AGENCY MERIDIAN POLICE - ~.Q. ~S COMMENTS: MERIDIAN F IRE DEPT. - ~ ~~,X~~-s MERIDIAN CITY ENGINEER -~~ C~s~~S MERIDIAN ATTORNEY - MERIDIAN POST OFFICE - MERIDIAN SCHOOL DISTRICT -~~- ~ h^~`"~'~"`-' MERIDIAN BUILDING DEPT. - r,~.w~a-~~ S ADA COUNTY HIGHWAY DISTRICT - ADA STREET NAME COMMITTEE - CENTRAL D I STR I CT HEALTH - S-a.~2 CC ~~'~"~ NAMPA MERIDIAN IRRIGATION - Ss2a,C- SETTLERS IRRIGATION - IDAHO POWER - ~:Q,Q COY'hS US WEST - INTERMOUNTAIN GAS - BUREAU OF RECLAMATION - MERIDIAN CITY ATTORNEY - ~~~ ~w~d.~c~t 5 0~- ~~3 ~~°~S ~ ~'~ u MERIDIAN PLANN I.NG D I RECTOR - S-QsL Cp CITY ~NCIL APPLICANT : ~~ ~.,~... 'C'C-p~~.`~ REQUEST: OTHER COMMENTS : 1oQ ~pry~.Yy~~ S ~ ~r,~n,r~' p OFFICIALS WAYNE S. FORREY, AICP, City Clerk JANICE GASS, Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney JOHN SHAWCROFT, Waste Water Supt. KENNY BOWERS, Fire Chief BILL GORDON, Police Chief GARY SMITH, P.E., City Engineer • i HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 FAX (208) 887-4813 GRANT P. KINGSFORD Mayor COUNCILMEN RONALD R. TOLSMA ROBERT GIESLER MAX YERRINGTON ROBERT D. CORRIE Chairman Zoning 6 Planning JIM JOHNSON Centennial Coordinator PATSY FEDRIZZI TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the M~ritdian Planningrand Zoning Commission, may we have your answer by: . TRANSMITTAL DATE : ~~~ n~ e t , lgQ3 REQ BY: HEARING. DATE: ±TU~L~ ~1 ~Q~_ LOCATION OF PROPERTY OR PROJECT:- j JIM JOHNSON, P/ Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C BOB GIESLER, C/C MAX YERRINGTON, C/C BRUCE STUART, WATER DEPT. JOHN SHAWCROFT, SEWER DEPT. BUILDING INSPECTOR FIRE DEPARTMENT POLICE DEPARTMENT GARY SMITH, P. E. ENGINEER MERIDIAN SCHODL DISTRICT MERIDIAN POST OFFICE (PREL.6 FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATIDN CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRR. DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PREL. iL FINAL PLAT) U. S. WEST (PREL. b F I NAL PLAT ) INTERMOUNTAIN GAS (PREL. 8 FINAL PLAT) BUREAU OF RECLAMATION (PREL. b FINAL PLAT) WAYNE FORREY, AICP, PLANNER CITY ATTORNEY CITY FILES OTHER • 1 ~ ~/ OFFICIALS WAYNE S. FORREY, AICP, City Clerk JANICE GASS, Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney JOHN SHAWCROFT, Waste Water Supt. KENNY BOWERS, Fire Chief BILL GORDON, Police Chief GARY SMITH, P.E., City Engineer 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 FAX (208) 887-4813 GRANT P. KINGSFORD Mayor COUNCILMEN RONALD R. TOLSMA ROBERT GIESLER MAX YERRINGTON ROBERT D. CORRIE Chairman Zonfng Q Planning JIM JOHNSON Centennial CooMlnator PATSY FEDRIZZI TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the M~rildian Planningfand zoning Commission, may we have your answer by: TRANSMITTAL DATE : ~(LY1Q L , Iqa~ REQ BY: HEARING. DATE: ~LI_h~ ~ ~ 1qQ~_ LOCATION OF PROPERTY.; OR PROJECT: iN.IAI. !/4 .~'t?G5T31~1 ~Zt~ F.M. JIM JOHNSON, P1 Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C BOB GIESLER, C/C MAX YERRINGTDN, C/C BRUCE STUART, WATER DEPT. JOHN SHAWCROFT, SEWER DEPT. BUILDING INSPECTOR FIRE DEPARTMENT POLICE DEPARTMENt GARY SMITH, P. E. ENGINEER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PREL.B FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRR. DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. tPREL. 3 FINAL PLAT) U. S. WEST (PREL. b FINAL PLAT) INTERMOUNTAIN GAS (PREL. & FINAL PLAT) BUREAU OF RECLAMATION (PREL. b FINAL PLAT) WAYNE FORREY, AICP, PLANNER CITY ATTORNEY ~ _ ~.- y Z CITY FILES OTHER: 1~~ ~'ti. oN ~~ ~7N.z-- /2oac~ ~. Cq ~ /2dc~ %.~ is • i HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN ,,,r ~ Tf~ ~e L o,.r y ~/p.~ ~eyr-~ Lt w, GC- N~~~'l tu~~~s , =dw Hof w%t4 ~' /3 or fv 13~ K~f CG.t.~•/ OFFICIALS WAYNE S. FORREY, AICP, City Clerk JANICE GASS, Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney JOHN SHAWCROFT, Waste Water Supt. KENNY BOWERS, Fire Chief BILL GORDON, Police Chie( GARY SMITH, P.E., Cfty Engineer • HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208)888-4433 FAX (208) 887-4813 GRANT P. KINGSFORD Mayor COUNCILMEN RONALD R. TOLSMA ROBERT GIESLER MAX YERRINGTON ROBERT D. CORRIE Chairman Zoning 6 Planning JIM JOHNSON Centennial CooMinator PATSY FEDRIZZI TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the M~,ri,dian Planning,and_Zoning Commission, may we have your answer by: TRANSMITTAL DATE : ,~[1Y1_Q I lga3 REQ BY: HEARING. DATE: ~~1h~ ~1 ~Q~ LOCATION OF PROPERTY OR PROJECT: I~I'•IIU. 1/4 ~~ T?J ICI ~R ~ ~ ~. M. JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFDRD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C BOB GIESLER, C/C MAX YERRINGTON, C/C BRUCE STUART, WATER DEPT. JOHN SHAWCROFT, SEWER DEPT. BUILDING INSPECTOR FIRE DEPARTMENT POLICE DEPARTMENt GARY SMITH, P.E. ENGINEER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PREL.B FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENfiRAL DISTRICT HEALTH NAMPA MERIDIAN IRR. DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PREL. b FINAL PLAT) U. S. WEST (PREL. b FINAL PLAT) INTERMOUNTAIN GAS (PREL. b FINAL PLAT) BUREAU OF RECLAMATION (PREL. & FINAL PLAT) WAYNE FORREY, AICP, PLANNER I".T TV ATTPI A\Ir\/ <~ n OFFICIALS WAYNE S. FORREY, AICP, Clty Clerk JANICE GASS, Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney JOHN SHAWCROFT, Watte Water Supt. KENNY BOWERS, Fire Chief BILL GOROON, Police Chief GARY SMITH, P.E., City Engineer HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 FAX (208) 887-4813 GRANT P. KINGSFORD Mayor COUNCILMEN RONALD R. TOLSMA ROBERT OIESLER MAX YERRINGTON ROBERT D. CORRtE Chairman ZoNnp a Planning JIM JOHNSON Centennial Coordinator PATSY FEDRIZZt TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your comments and recommendat-ions will be considered by the Meridian Planning, and Zoning Commission, may we have your answer by: t ...~.. .. ,. C;B~ae c.a,N ~STATiI~ TRANSMITTAL DATE : ~~l Yl_ Q I ~q"l~J' HEARING. DATE : ~(~t -7L~ ~ ~ ~Q REQ BY: LOCATION OF PROPERTY.. OR PROJECT:- ~ ~ ~ae~ We require a permanent 10-foot wide public utilities easement along all lots adjacent to a road right-of-way dedicated to public or private use. Tim Adams Idaho Power 322-2047 ~~ I~tDIF~S ~.3-9~ JUN 0 31993 HUB OF TREASURE VALLEY • OFFICIALS WAYNE S. FORREY, AICP, City Clerk JANICE GASS, Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney JOHN SHAWCROFT, Waste Water Supt. KENNY BOWERS, Fire Chief BILL GORDON, Police Chief GARY SMITH, P.E., City Engineer June 6, 1993 A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 FAX (208) 887-4813 GRANT P. KINGSFORD Mayor COUNCILMEN RONALD R. TOLSMA ROBERT GIESLER MAX YERRINGTON ROBERT D. CORRIE Chairman Zoning & Planning JIM JOHNSON Centennial Coordinator PATSY FEDRIZZI T0: MAYOR - COUNCIL - P ANNING & ZONING FROM: GARY SMITH, P.E. , RE: CHAMBERLAIN ESTATES SUBD. (Prelim. Plat - Annexation - Zoning) I have reviewed this submitta and ha~te_the following comments: 1. The property. appears to be adjacent to the existing City limits of Cha eau Meadows East Subd.' although the legal description never says so. One bearing/distance along the south boundary is not shown on °tfie drawing. 2. How will water and sewer mains serve this project? 3. A stub street she~uld be provided `to the north boundary. 4. A turn-a'-round needs to be provided at the east end of Cougar Cr. Dr. 5. There is no provision in the Ordinance far a 40 foot street frontage of a culdesac lot. These frontages need to be 65 feet. 6. "Eye Brow" bulb 'fran ing 'lots need to have 65 feet of street frontage. -' 7. The plat drawing should show the government corners called out in the legal description. 8. what is Lot 13 -Block 3 for other than a retention area? Who owns and maintains it? 9. what is the status of the ditches crossing the property? Nothing shows on the plan. 10. Water line location is 12 feet north and east of center line. Water line for culdesac lots in Block 5? • 11. The plan should show the adjacent Tract Subd. and its northerly most access to Locust Grove Road. 12. what is the benchmark for the contour lines shown? 13. Rs I mentioned in my review of Valeri Place the landscape island shown here is going to cause access problems for Lot 2 - Block 1 and Lot 2 - Block 3. These lots have an 80 foot front and the island is b5 feet long. Turning access from Locust Grove into Cougar Cr. Dr. and into a driveway will be tough enough without having to negotiate a landscape island. If the island is permitted then something else needs to be done with these two lots. This will be a problem if left as shown. 14. There are exactly 100 lots accessing Locust Grove via a single access. This is a maximum by ACRD Standards., 15. who maintains the storm drainage system outside the public right of way? I want a letter from the responsible agency, whomever it may be. 16. Developer to provide pressurized irrigation system? 17. Processing of this subdivision is subject to our analysis of our existing water systems ability to provide domestic water and fire flow service. HUB OF TREASURE VALLEY OFFICIALS WAYNE S. FORREY, AICP, City Clerk JANICE GASS, Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney JOHN SHAWCROFT, Waste Water Supt. KENNY BOWERS, Fire Chief BILL GORDON, Pollce Chief GARY SMITH, P.E., City Engineer MEMORANDUM TO: FROM: DATE: RE: Mayor, Council, Planning a >ing Wayne S. Forrey, AICP June 3, 1993 ~_r Commission COUNCILMEN RONALD R. TOLSMA ROBERT GIESLER MAX YERRINGTON ROBERT D. CORRIE Chairman Zoning & Planning JIM JOHNSON Centennial Coordinator PATSY FEDRIZZI Chamberlain Estates Subdivision - Annex. to R-8 Prelim. Plat This 99 lot subdivision is within the USPA boundary. This project does not comply with the following goals and policies of the current Comprehensive Plan. Goal / Policy =Notk'd Lack of Coopliance Goal 6 `Lack` of adequate recreation facilities' for neighborhood. Land set aside for future park use may be desirable. Goal 7 School Policy 3 Providing ;full public services to acCOmmc~dafe the projected needs of this subdivision may be difficult. The City is in the process of evaluating future public service levels-in:this area to accommodate projected needs.. Land Set aside for future publis service use within this subdivision could help increase --future public service capability. 5chool'site not reserved in advance of development. This subdivision "will contribute 129 students to District #2. Applicant needs to coordinate development plans with school capacity planning. Linear Open Space Goal No provision for greenbelt along South slough portion of project. Applicant needs to coordinate development plans with Pathway Plan. Based on these conflicts with the Comprehensive Plan, this proposal could be denied or tabled to allow the applicant sufficient time to reconsider development features and work with City and School officials to update the Comprehensive Plan and achieve community goals. A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208)888-4433 FAX (208) 887-4813 GRANT P. KINGSFORD Mayor SUPERINTENDENT OF SCHOOLS Bob L. Haley CDR EX~E~`~ DEP Dan Mabe, Finan eD& Administration (q Z DIRECTORS 2 ~~~\~~~ ~ Jim Carberry,Secondary ~ Christine Donnell, Personnel Q Darlene Fulwood, Elementary y Doug Rutan, Special Services d JOINT SCHOOL DISTRICT N0.2 911 MERIDIAN STREET • MERIDIAN, IDAH083642 • PHONE(208)888-6701 June 3, 1993 City of Meridian 33 East Idaho Meridian, Idaho 83642 Re: Chamberlain Estates Subdivision Dear Councilmen: I have reviewed the application for Chamberlain Estates Subdivision. This planned development will accelerate the need for Joint School District No. 2 to construct additional classrooms and/or to adjust school attendance boundaries. Meridian Schools do not have excess capacity. Nearly every school in the district is beyond capacity. The Meridian School District supports economic growth for Idaho and specifically the district's area, but such growth produces a need for additional school construction. We ask your support for a development fee statute on new home construction or a real estate transfer fee to help offset the costs of building additional school facilities. If this support is lacking then we ask that additional residential development be denied. Residents of the new subdivision cannot be assured of attending the neighborhood school as it may be necessary to bus students to available classrooms across the district. We ask that you assure the developer will provide walkways, bike paths and safe pedestrian access. Sincerely, ~~~ Dan Mabe, Deputy Superintendent DM:gr REVIEW SHEET Rezone # ~ Condit' nal Use # Prelimina Final/Short Plat 8~~~ ~S~S Sv~~/~/ifi,,kl Return to: ^ BOISe ^ Eagle ^ Garden City ~]~AAeridian ^ Kuna ^ Acz ^ 1. We have no objections to this proposal. ^ 2. We recommend denial of this proposal. ^ 3. Spec'rfic knowledge as to the exact type of use must be provided before we can comment on this proposal. ^ 4. We will require more data concerning soil conditions on this proposal before we can comment. ^ 5. Before we can comment concerning individual sewge disposal, we will require more data concerning the depth of ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can approve this proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet 7. After written approval from appropriate entities are submitted, we can approve this proposal for: Central sewage ^ Community sewage system ^ Community water well ^ Interim sewage ~ Central water ^ Individual sewage ^ Individual water 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality: Central sewage ^ Community sewage system^ Community water Sewage dry lines ~ Central water '~ 9. Street runoff is not to create a mosquito breeding probelm. ^ 10. This department would recommend deferral until high seasonal ground water can be determined 'rf other considerations indicate approval. ^ 11. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 12. We will require plans be submitted for a plan reiew for any: ^ Food establishment ^ Swimming pools or spas ^ Child Care Center ^ Beverage establishment ^ Grocery store ^ 13. DATE: • CENTRAL • • DISTRICT C HEALTI~ DEPARTMENT+~~~~~, TF~ JUN 0 9 1993 CITY OF A~ERII~~~aN Reviewed by: CDHD 10-91 rcb ~ ~ RECEIVED ~~~~ JUN 291993 CITY OF ME JAMES E. BRUCE, President GLENN J. RHODES, Vice President CHARLES L. WINDER, Secretary June 23, 1993 TO: Kevin A. Howell 3451 E. 52nd Street Boise ID 83703 FROM: a y pervisor v pm ervices SUBJECT: CHAMBERLAIN ESTATES SUBDIVISION - PRELIMINARY PLAT On June 23, 1993, the Commissioners of the Ada County Highway District (hereafter called "District") approved the Preliminary Plat as stated on the attached staff report. In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: 1. Drainage plans shall be submitted and subject to review and approval by the District. 2. If public street improvements are rec,~uired: Prior to any construction within the existing or proposed public right-of- way, the following shall be submitted and subject to review and approval by the District: a. Three complete sets of detailed street construction drawings prepared by an Idaho Registered Professional Engineer, tether with payment of plan review fee. b. Execute an Inspection Agreement between the Developer and the District together with initial payment deposit for inspection and/or testing services. c. Complete all street improvements to the satisfaction of the District, or execute Surety Agreement between the Developer and the District to guarantee the completion of construction of all street improvements. ada county highway district 318 East 37th • Boise, .Idaho 83714 • Phone (208) 345-7680 • • June 23, 1993 Page 2 3. Furnish copy of Final Plat showing street names as approved by the Local Government Agency having such authority together with payment of fee charged for the manufacturing and installation of all street signs, as required. 4. If Public Rights-of-Way Trust Fund deposit is required, make deposit to the District in the form of cash or cashier's check for the amount specified by the District. 5. Furnish easements, agreements, and all other datum or documents as required by the District. 6. Furnish Final Plat drawings for District acceptance, certifications, and endorsement. The final plat must contain the signed endorsement of the Owner's and Land Surveyor's certification. 7. Approval of the plat is valid for one year. An extension of one year will be considered by the Commission if requested within 15-days prior to the expiration date. Please contact me at 345-7680, should you have any questions. LS cc: Development Services Chron Meridian City Hall c c INTER-DEPARTMENT CORRESPONDENCE JAMES E. BRUCE, President GLENN J. RHODES, Vice President CHARLES L. WINDER, Secretary TO: ACHD Commission C HAMBRES/DST ECH 6-23-93 DATE: June 21, 1993 FROM: Development Services SUBJECT : PRELIMINARY PLAT - (Developer -Kevin A . 83703) CHAMBERLAIN ESTATES SUBDIVISION Howell, 3451 E. 52nd St., Boise, ID (Engineer -Hubble Engineering, Inc., 9550 Bethel Ct., Boise, ID 83709) FACTS & FINDINGS: 1. Chamberlain Estates is a 99-lot single family residential subdivision on 27.1 acres of property located on the east side of Locust Grove approxi- mately 1,000-feet south of Ustick Road. There will be 4,400-feet of new public streets added to the system. 2. Locust Grove Road currently has 50-feet of right-of-way and is im- proved with 24-feet of pavement. The 2000 Urban Functional Street Classification Map designates Locust Grove as a minor arterial roadway, which generally requires a minimum of 66-feet of right-of-way (the District requires 90-feet of right-of-way on arterials in an urban impact area) , width sufficient for 4 traffic lanes (52-foot street section) and 5-foot sidewalks, and bicycle path- ways. The ultimate right-of-way should be acquired now to minimize acquisition and construction costs in the future. In the interim, the developer will be required to construct 5-foot side- walk . 3. The ACHD Capital Improvement Plan shows Locust Grove as currently operating at Level of Service (LOS) A/B and is projected to operate at LOS A/B in 2010. It is approved for use of Road Impact Fee funds to increase its capacity; therefore, Road Impact Fee offsets may be given for construction of the roadway improvements along Locust Grove by the developer and for right-of-way dedication in addition to what exists now. A person seeking offsets must submit an application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 PRELIMINARY PLAT~CHAMBERLAIN ESTATES June 21, 1993 Page 2 4. Laughridge Avenue (abutting the south boundary of the parcel) is a local street that has 50-feet of right-of-way and is fully improved. 5. There is another proposed subdivision (Cougar Creek Subdivision) directly across Locust Grove from this project that is being processed concurrently. Two different developers are involved, but they are represented by the same engineering company. It appears that the centerline alignment of the entry roads into each of these projects are in alignment . 6. Staff is anticipating the need of a collector street from Ustick at or near the easterly boundary of the project and a stub to the north (at the east end of Chalet Drive) has been provided for the connection. The improvements for that stub should be guaranteed by a deposit to the Public Rights-of-Way Trust Fund to avoid having a half-width street built there. A future street connection to the east could be provided when the collector is constructed at a later date. A stub street to the north is provided at the east end of Cougar Creek Drive. 7. The public hearing for this application was held by the Meridian Plan- ning & Zoning Commission on June 8, 1993. SITE SPECIFIC REQUIREMENTS: 1. Dedicate 45-feet of right-of-way from the centerline of Locust Grove abutting parcel (20 additional feet) . The owner will be compensated for this additional right-of-way from available impact fee revenues in this benefit zone . 2. Construct 5-foot wide concrete sidewalk along Locust Grove abutting parcel adjacent to the new right-of-way line. Provide a deposit to the Public Rights-of-Way Trust Fund for the required sidewalk along the frontage of Lot 13. 3. Direct lot or parcel access to Locust Grove is prohibited, in compliance with District policy. Lot access restrictions shall be stated on the final plat. 4. Provide proper intersection offset or alignment at Locust Grove with the proposed subdivision on the west side of Locust Grove. Coordinate with the developer across the street and with District staff . 5. Provide a deposit to the Public Rights-of-Way Trust Fund for the fu- ture construction (abutting parcel - one-half of a 41-foot street sec- tion) of the collector street to the north at the east end of Chalet Drive. Dedicate a minimum of 30-feet of right-of-way and provide a note on the final plat that prohibits direct lot access to the collector street. • PRELIMINARY PLAT CHAMBERLAIN ESTATES June 21, 1993 Page 3 STANDARD REQUIREMENTS: 1. Street and drainage improvements required in the public right-of-way shall be designed and constructed in conformance with District stan- dards and policies. 2. Dedicated streets and drainage systems shall be designed and construct- ed in conformance with District standards and policies . 3. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACRD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 4. Provide written approval from the appropriate irrigation/drainage dis- trict authorizing storm runoff into their system. 5. Locate obstructions (utility facilities, irrigation and drainage appur- tenances, etc.) outside of the proposed street improvements. Authoriza- tion for relocations shall be obtained from the appropriate entity. 6. Continue existing irrigation and drainage systems across parcel. 7. Submit three sets of street construction plans to the District for review and appropriate action. 8. Submit site drainage plans and calculations for review and appropriate action by ACRD. The proposed drainage system shall conform to the requirements of Meridian City and shall retain all storm water on-site. Public street drainage facilities shall be located in the public right-of- way or in a drainage easement set aside specifically for that use. There shall be no trees, fences, bushes, sheds, or other valuable amen- ities placed in said easement. Drainage easements and their use restric- tions shall be noted on the plat . 9. Provide design data for proposed access to public streets for review and appropriate action by ACRD. 10. Locate driveway curb cuts a minimum of 5-feet from the side lot proper- ty lines when the driveways are not being shared with the adjacent property. 11. Developer shall provide the District with a copy of the recorded plat prior to the installation of street name signs . 12. Install a stop sign on every unsignalized approach of a project street to an intersection involving a collector or arterial as the cross-street. The stop sign shall be installed when the project street is first accessi- ble to the motoring public . PRELIMINARY PLAT CHAMBERLAIN ESTATES • June 21, 1993 Page 4 13. A right-of-way permit must be obtained from ACRD for all street and utility construction within the public right-of-way. Contact Construc- tion Services at 345-?66? (with zoning file number) for details. 14. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity. Should you have any questions or comments, please contact the Develop- ment Services section at 345-7662. STAFF SUBMITTING: Larry Sale DATE OF COMMISSION APPROVAL: :JUN 16 1993 ..., w 3 ..... ~ • . := a T • l.. r •. t r ~ ~ .. . p~1 - , _ ~:. _ • . . '~' • j r . ~ . • _ ~t~•af • • J • • ~ ~ • • • ~ • • • • ~ ~ • • • • • • • • • • • ~ •~ ~ ' '~ A w • • ~ • • • • ~ ~ ~ 0 ~ ~;' Z • ~ , • ~~ ~ • ~ ~ • • iR ' ~ • ~ t. = Aa ~ r • ~ ~ • •~ ~ .. ~ • .. . 1 (• • • • • • • t // • • ' • - t ~ ~ • ~ • I • l I • ~~~~ • 1 ® ~~N /'~• • I ~ 1 • • 1 ....JI .i• rrJ / / ~ fl .~ I ~ ,, • }••~ 1 ~~ •~ 1 \ 1 1 I ~.. ~ , ~I ... i~ T _..,.. ~~ ~' ~! ~i ii i ~` ' { ~ t I i t Z9~ ' 3Jtid b0 : bb 00 , J f~'~^ ~~~~~ fib hI~ W n ~ ~ . 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 Meridian Planning 33 East Idaho OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 & Zoning Commission Boise 345-2431 I+~+eridian, Idaho. 83642 Re: Annexation end Zoning with Preliminary Plat Pipkin, Vanorder, Howell NW 1~4 section 5 T3N R1E Commi~sianers: Nampa-& Meridian Irrigation District's Finch Lateral courses along the south boundary`of this project. The right-of-way of the Finch Lateral is 80 feet: 40 feet from the center each way. Nampa & Meridian Irrigation District's Onweiler Lateral courses along the south boundary of the project. The right-of-way of the Onweler Lateral is 50 feet: 35 feet to the right and 15 feet to the left of center. facing downstream. See Idaho Code 42-1208--RIGHTS-OF-WAY NOT SUBJECT TO ADVERSE POSSESSION. The developer must contact John Anderson or Bill Henson at Nampa & Meridian Irrigation District, 466-0663 or 345- 2431, for approval before any encroachment or change of right-of- way occurs. All laterals and waste ways must be protected. Municipal surface drainage must be retained on site. If any surface drainage leaves the site, Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within Nampa & Meridian Irrigation District. O~ ~ G.. ~1i~V i _ ~ 7 ,v~,~ls !¢ qv~l h~v~ na4 aats,.1~ j a, .:Bill Henson ~4e~s~ ~~ve *1:3~~~1 ~r ~~ ^ti+~n Foreman `=t ~°i°~t.tR~a~ ~ acc r-h ,- tfr~atution }~oL1' a r~, ,. rAtt a aa~y :s ~~±t,wi~saet. ,~_~ 9 pc: District Water, Superintendent ~"` -~ File -office ~"'~ File = shop APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 ~9 June 1993 * i • O R 1 CSI A L ~"~ (~~~~~~ BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION~`~~~~ KEVIN HOWELL ANNEXATION AND ZONING NORTHWEST 1/4 SECTION 5, T. 3N., R. lE., BOISE MERIDIAN MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on June 8, 1993, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant not appearing but Jim Markle appearing on behalf of Applicant, and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for fifteen days weeks prior to the said public hearing scheduled for June 8, 1993, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the June 8, 1993, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were made available to newspaper, radio and television stations; 2. That the property included in the application for annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 1 • ! approximately 27.05 acres in size; it is located in the Northwest 1/4 Section 5, Township 3 North, Range 1 East. 3. That the property is presently zoned by the county as R- T Rural Transition and the requested Zone is R-8, Residential. 4. The general area surrounding the property is used agriculturally, and residentially. 5. That the property is adjacent and abutting to the present City limits. 6. The Applicant is not the owner of record of the property but the owners of record consented to the Application. 7. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 8. That the entire parcel of ground is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 9. That the Application requests that the parcel be annexed and zoned as indicated in paragraph 3 above; that the present use of the property is for agriculture; that the applicant indicated that the intended development of the property is for a single family R-8 subdivision and Applicant submitted a preliminary plat. 10. There were property owners in the immediate area that testified as to the Application; that Vern Allman, a property owner to the east and south of the proposed subdivision desired to have a fence built as a buffer to his property, he also was concerned about the irrigation rotation and questioned if the drainage was adequately engineered and he had concern about FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 2 • ! continuing farming; Joy Brown from Wingate Lane owns a farm to the east and is worried about the trash and would like to see a fence separating her property from the subdivision. 11. That the property is located in the NORTH CURVE NEIGHBORHOOD Area; that under Housing Development on page 25 and 26 of the Comprehensive Plan property inside the Urban Service Planning Area may be developed at greater densities than one dwelling unit per acre. 12. That in the Rural Area section of the Comprehensive Plan it does state that land in agricultural activity should so remain in agricultural activity until it is no longer economical to exclude orderly growth and development. 13. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots. 14. That the property can be serviced with City water and sewer but the City Engineer asked, "How will water and sewer mains serve this project." 15. That the Police Department, School District, City Engineer, City Fire Department, and Idaho Power submitted comments and such are incorporated herein as if set forth in full; that the Ada County Highway District may submitt comments and such will be incorporated herein as if set forth in full. 16. The Meridian School District submitted comment and such is incorporated herein as if set forth in full; its comment was FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 3 that there is no excess capacity in the schools of the District and that residents of the new subdivision could not be assured of attending the neighborhood schools; the School District asked for support for a development fee or a transfer fee to help offset the costs of building additional schools. 17. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, stated as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the proposed subdivision."; that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the City knows that the increase in population does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and the City knows that the increase in population does not provide sufficient tax base to provide for school services to current and future students. 18. That pursuant to the instruction, guidance, and FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 4 • direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which if possible would be retroactive and apply to all residential lots in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 19. That the R-8, Residential District is described in the Zoning Ordinance, 11-2-408 B. 2, and such is incorporated herein as if set forth in full; that the Applicant submitted a preliminary plat. 20. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide." 21. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement;" 22. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" 23. That Section 11-9-605 K states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 5 • may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi- improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and natural value, especially waterways, drainages and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal; linkages; and 6. To link residential neighborhoods, park areas and recreation facilities. 24. That Section 11-9-605 L states as follows: Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Council shall consider the Bicycle- Pedestrian Design Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. 25. That there are other subdivisions in the same section of land that have been zoned R-8 but development has been limited to single family dwellings and no duplexes or townhouses; that the proposed density is 3.66 which is R-4 density but the lot size and street frontage is less in the R-8 zone as compared to the R-4 zone. 26. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission were given FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 6 and followed. • CONCLUSIONS OF LAW 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a Legislative function. 3. That the Planning and Zoning Commission has judged this annexation and zoning use application contained in Section 50-222, Idaho Code, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 7 • • contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant, and the annexation is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616 which pertains to development time schedules and requirements and 11-9-605 M, Piping of Ditches; that the Applicant will be required to connect to Meridian water and sewer and resolve how. the water and sewer mains will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G. , H 2, K, L and the comments of the Planning Director, Wayne Forrey, relating to the lack of adequate recreation facilities and that land set aside for a future park would be desirable, that the City is in need of land set-asides for future public service use, that a school site was not reserved and the subdivision, when developed totally, would contribute 129 children to the School FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 8 • • District, a greenbelt along the South Slough and co-ordination was needed with the Pathway Plan; that the development agreement shall, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay,'°when required, any development fee or transfer fee adopted by the City; that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de-annexation and loss of City services, if the requirements of this paragraph are not met. 10. That proper and adequate access to the property is available and will have to be maintained; that the single access on to Locust Grove is not a good plan of access for 99 lots and development may have to be phased to limit development to 50 lots until additional access is provided; this however is not an annexation issue and should be addressed in the platting. 11. That the Applicant's property is located in the NORTH CURVE NEIGHBORHOOD Area as designated in the Meridian Comprehensive Plan; that it is concluded that the property is in compliance with the Meridian Comprehensive Plan does not conflict with the Rural Areas policies. 12. Therefore, based on the Application, the testimony and evidence, these Findings of Fact and Conclusions, and the Ordinances of the City of Meridian, it is ultimately concluded that Applicant's property should be annexed and zoned as requested; that development shall be restricted to single family FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 9 7 • dwellings with no duplexes or townhouses; that the house size shall not be less than 1,301 square feet; that the development of the property shall meet the representations of the Applicant and his agents and included in the Application, that the conditions shall also include those stated above and upon issuance of final platting and other conditions to be explored at the City Council level; that such annexation would be orderly development and reasonable if the conditions are met; that the property shall be subject to de-annexation if the conditions are not met and strictly adhered to. 13. That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled the property shall be subject to de-annexation. 14. That the requirements of the Police Department, City Engineer, School District, Idaho Power, Ada County Highway District, and the Meridian Fire Department shall be met. 15. With compliance of the conditions contained herein, the annexation and zoning of R-8, Residential would be in the best interest of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 10 s • • APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER VOTED COMMISSIONER ROUNTREE VOTED ~,~. COMMISSIONER SHEARER VOTED COMMISSIONER ALIDJANI VOTED CHAIRMAN JOHNSON (TIE BREAKER) VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and to the all ditches, canals and waterways as required in these Findings of Fact and Conclusions of Law as a condition of annexation and that the Applicant meet all of the Ordinances of the City of Meridian, specifically including the development time requirements. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 11 L~ ~~C~1 u~ August 13, 1993 c~T AUG ~ 1 19 Y p~; 93 Homeowners Chateau Meadows N~o l~Aly Lots 16 through 43 Meridian, Idaho 83642 Mr. Burl Pipkin 2256 W. Chateau Drive Meridian, Idaho 83642 Dear Sir: i~he homeowners of Chateau Meadotivs East ".'c. '3 Subdivision, lots 16 through 43, are having a problem with free standing water in the crawls spaces of their homes. Dave Collins of Collins Engineering, the designer of the subdivision, believes this is caused from inability of waste water from irrigated fields to drain to the north properly. The ditch flowing North on your property is clogged with sift and vegetation to the point of blocking the free drainage from our system causing the water to backup into the streets and to migrate on clay layers into the crawl spaces of some of the homes in the subdivision. This is causing damage and must not continue. Tail water from your irrigation water can not drain North properly and has been observed backing into the subdivision's storm drain system. We regl, oast that you immediately clean the drainage wayproperly so that there is open and adequate drainage capacity for both our storm drainage and your We can not emphasize too strongly how urgent this matter is as the homeowners are experiencing damage already and the rainy season is approaching rapidly. Any questions regarding this matter may be directed to Mr. Dave Collins at the number listed below. Homeowners Chateau Subdivision, Lots 16 through 43 cc: Mr. Dave Collins (208) 344-4451 Mr. Wayne Forney, Planning Director for the City of Meridian Mr. John P. Anderson, District Water Superintendent • • August 13, 1993 Homeowners Chateau Meadows, Nob Lots 16 through 43 Meridian, Idaho 83642 Property Owner 2795 Wingate AUK 1 7 1993 Meridian, Idaho 83642 Ct~ C~ ~t'Ei~~aI~N Dear Sir: The homeowners of Chateau Meadows East No. 8 Subdivision, lots 16 through 43, are having a problem with free standing water in the crawls spaces of their homes. The waste ditch on your South property line is extremely clogged and Mr. Dave Collins, (Collins Engineering) subdivision engineer, feels the nearby standing water is contributing to the water problem under several of the houses in the subdivision adjoining the ditch. There has been some damage and the continued presence of the water can only lead to more problems. We fee_ I r~our cleaning the waste ditch will help ~~w. ~ ~w~w~.~n~~+~~~~~ resolve our difficulties. Any questions you might have regarding this matter may be directed to Mr. Collins at the phone number below. Homeowners Chateau Subdivision, #8 Lots 16 through 43 cc: Mr. Dave, Collins (208) 344-4451 Mr. Wayne Forney,- Planning Director for the City of Meridian Mr. John P. Anderson, District Water Superintendent August 13, 1993 Homeowners Chateau Meadows, Nob Lots 16 through 43 Meridian, Idaho 83642 Property Owner 2575 Wingate Meridian, Idaho 83642 Dear Sir: A116 1 7 1~ ~1~'11' ~~ 1~1~1D~~i The homeowners of Chateau Meadows East !!o. 8 Subdivision, lots 16 through 43, are having a problem with free standing water in the crawls spaces of their homes. Your recent addition of a slide gate to the waste drainage ditch in the northwest corner of your field causes considerable ponding in that corner when shut. Dave Collins, (Collins Engineering Co.) subdivision engineer, feels this is contributing to the water problem in the subdivision. This water has caused some damage to date and its continued presence can only compound the matter. The homeowners are requesting that you remove the slide date so ponding will no Ion er oc„~,,,u;. Any questions you might have regarding this matter may be directed to Mr. Collins at the phone number below. Homeowners Chateau Subdivision, #8 Lots 16 through 43 cc: Mr. Dave Collins (208) 344-4451 Mr. Wayne Forney, Planning Director for the City of Meridian Mr. John P. Anderson, District Water Superintendent f~ C~ August 13, 1993 Homeowners Chateau Meadows, No. 8 Lots 16 through 43 Meridian, Idaho 83642 Mr. Burl Pipkin 2256 W. Chateau Drive Meridian, Idaho 83642 Dear Sir: The homeowners of Chateau Meadows East No. 8 Subdivision, lots 16 through 43, are having a problem with free standing water in the crawls spaces of their homes. Dave Collins of Collins Engineering, the designer of the subdivision, believes this is caused from inability of waste water from irrigated fields to drain to the north properly. The ditch flowing North on your property is clogged with silt and vegetation to the point of blocking the free drainage from our system causing the water to backup into the streets and to migrate on clay layers into the crawl spaces of some of the homes in the subdivision. This is causing damage and must not continue. Tail water from your irrigation water can not drain North properly and has been observed backing into the subdivision's storm drain system. We request that you immediately clean the drainage way properly so that there is open and adequate drainage capacity for both our storm drainage and your irrigation tail water. We can not emphasize too strongly how urgent this matter is as the homeowners are experiencing damage already and the rainy season is approaching rapidly. Any questions regarding this matter may be directed to Mr. Dave Collins at the number listed below. Homeowners Chateau Subdivision, Lots 16 through 43 cc: Mr. Dave Collins (208) 344-4451 Mr. Wayne Forney, Planning Director for the City of Meridian Mr. John P. Anderson, District Water Superintendent r: August 13, 1993 Homeowners Chateau Meadows, Nob Lots 16 through 43 Meridian, Idaho 83642 Property Owner 2795 Wingate Meridian, Idaho 83642 Dear Sir: The homeowners of Chateau Meadows East No. 8 Subdivision, lots 16 through 43, are having a problem with free standing water in the crawls spaces of their homes. The waste ditch on your South property line is extremely clogged and Mr. Dave Collins, (Collins Engineering) subdivision engineer, feels the nearby standing water is contributing to the water problem under several of the houses in the subdivision adjoining the ditch. There has been some damage and the continued presence of the water can only lead to more problems. We feel your cleaning the waste ditch will help resolve our difficulties. Any questions you might have regarding this matter may be directed to Mr. Collins at the phone number below. Homeowners Chateau Subdivision, #8 Lots 16 through 43 cc: Mr. Dave Collins (208) 344-4451 Mr. Wayne Forney, Planning Director for the City of Meridian Mr. John P. Anderson, District Water Superintendent August 13, 1993 Homeowners Chateau Meadows, Nob Lots 16 through 43 Meridian, Idaho 83642 Property Owner 2575 Wingate Meridian, Idaho 83642 Dear Sir: The homeowners of Chateau Meadows East No. 8 Subdivision, lots 16 through 43, are having a problem with free standing water in the crawls spaces of their homes. Your recent addition of a slide gate to the waste drainage ditch in the northwest corner of your field causes considerable ponding in that corner when shut. Dave Collins, (Collins Engineering Co.) subdivision engineer, feels this is contributing to the water problem in the subdivision. This water has caused some damage to date and its continued presence can only compound the matter. The homeowners are requesting that you remove the slide gate so ponding will no longer occur. Any questions you might have regarding this matter may be directed to Mr. Collins at the phone number below. Homeowners Chateau Subdivision, #8 Lots 16 through 43 cc: Mr. Dave Collins (208) 344-4451 Mr. Wayne Forney, Planning Director for the City of Meridian Mr. John P. Anderson, District Water Superintendent DATE: ~,~, L~ I ~ MERIDIRe~3 PLANNIN(~!D ZONING AGENDA I TEM NUMBER ~ APPLICANT : K V lYl TT 0~1~2.`, AGENCY MERIDIAN POLICE - MERIDIAN FIRE DEPT. - MERIDIAN CITY ENGINEER - MERIDIAN ATTORNEY - MERIDIAN POST OFFICE - MERIDIAN SCHOOL DISTRICT - MERIDIAN BUILDING DEPT. - ADA COUNTY HIGHWAY DISTRICT - ADA STREET NAME COMMITTEE - CENTRAL DISTRICT HEALTH - NAMPA MERIDIAN IRRIGATION - SETTLERS IRRIGATION - IDAHO POWER - US WEST - INTERMOUNTAIN GAS - BUREAU OF RECLAMATION - COMMENTS: MERiDiAN CITY ATTORNEY -F~r~ti~9S Ot FLt.G~ ~ COVIC~uS(GK 0-~ ~~ MERIDIAN ~ PLANN I.NG D I RECTO R - OTHER COMMENTS: DATE : ~Ul,1f~(? ~ ~ ~3 MERIDIAN PLANNING ~ ZONING COMMISSION AGENDA I TEM NUMBER~_ APPLICANT : f~.Q V ~V\~ p~.~ p_l' AGENCY COMMENTS: MERIDIAN POLICE - ~ ~~ ~C f ~5~~nndsz~-CA. MERIDIAN FIRE DEPT. - SQ,Q ~ttb~-4 C,otr~e~pcmd.~~ MERIDIAN CITY ENGINEER - ~ ~C~~ ~'~~Q.S MERIDIAN ATTORNEY - MERIDIAN POST OFFICE - MERIDIAN SCHOOL DISTRICT MERIDIAN BUILDING DEPT. - ADA COUNTY HIGHWAY DISTRICT - ADA STREET NAME COMMITTEE - CENTRAL DISTRICT HEALTH - NAMPA MERIDIAN IRRIGATION - SETTLERS IRRIGATION - IDAHO POWER -~Q~., T~~~~ W~«'S~~C~~~~ US WEST - INTERMOUNTAIN GAS - BUREAU OF RECLAMATION - MERIDIAN CITY ATTORNEY - MERIDIAN PLANNING DIRECTOR - OTHER COMMENTS: -}}(~('kp ~~ -~-i//7YVl ~OIC~ l..DfV l.Q. r :r ~. ~ • CERTIFICATE: I hereby certify that the following resolution is a true and enact copy from the Minutes of a meeting of the District's Board of Directors, held 2 October 1990, recorded at Book 56 Pages 18? and' 196 through 202 (finalized 16 June 1992). ~~. Dares R. Coon Secretary of the Board NAMPA & MERIDIAN IRRIGATION DISTRICT WSSREAB, the various agencies .which are authorized :to issue land use change/site development permits•have made it known that•it.s in the best interest of the public that this District amend rules' and regulations for development within the boundaries of >t~e District; and WHEREAS, it has been decided that such a cooperative ar~d coordinating arrangement can. best be realized through an am~d8d . permit system; and WHEREAS, such requirements and requests have created a considerably expense burden to this District for which there is not availabie revenues; and WHER8A8, a Development or Land Use Change policy was previously set' up at a meeting of the District's Board of Director: held 17 March 1980, recorded at Book 36, Pages 65 through 69, of the Minutes of the. Board and recorded at Ada County as Instrument #8015309 and recorded at Canyon County as Instrument #890100; and WHEREAS, a Site Development policy was previously set up at ~a meeting of the District's Board of Directors held 17 March 1981, recorded at Book 37, Pages 89 through 92, of the Minutes of the .Board and recorded at Ada County as Instrument.#8115542 and recorded at Canyon County as Instrument #`919045; and WSEREAB, it has become necessary to combine and amend these .policies. NOW THER8FOR8, BR IT R880LV8D, that the following amended policies are hereby established by this Board as District policy to take the place of the~revious policies. ,~ o ~ 92y0022 `J' °C ~ NAMPA & MERIDIAN IRRIuAT10N CISTkl~1 0 O .~/ ~ ~~ o `_`~ '_1 AEA C~ JtjTY. I ©. FflR w ~ ~? E ~ J. DAVID NAARR o m ~, ~ RECORDER ~ ~ ~ ~ '.r ~ L ~' ~ z~V N a '92 JUN 18 Phi 1 `~~ o~ ~~ :~ • • NAMPA i ~sBRIDIA~t ZRRIQ~ATIO~1 D28TBICT hoard of Diractors~ Poliov for Chaness o= Lana IIse ~ Development Developments or land use changes or-site developments whist irrigation and/or drainage, within the boundaries of 1 Meridian Irrigation District must be approved by the Distri< of Directors. An application form may be obtained at the L office which will provide necessary preliminary informat District review. ' A. DRAINAGE: 1. There will be no acceptance of any increased storm run-off, drainage, or any contaminated wet which the District might be made liable by the and/or State Clean Water Laws. affect ramps ,t Board istrct Lon far low ; in ors for 'eda~al 2. Existing or replacement of on-site drainage or run-off! facilities or modification thereto must be pe tualiy maintained by the site owner or owners. 3. Drainage plans prepared by a registered engines may b~ required where deemed necessary by the Distri t ®v+un though on-site modifications to .the District rattage system are not required in the development plate . 4. If a drainage lateral owned and maintained by the District courses the site, no alterations of the lateral _ nor encroachment or its right of way shall be p rmtt~d without a license agreement. No access to sus drain shall be denied to the District. B. IRRIGATION 1. 2. The water rights of this District are not a -same throughout the District. Neither are these ~al ys the same on one tract of land. Often these can be si lfi~i without changing the Court confirmed status of tba rights, if arrangements are made with the Secre ary`of the District in the advance planning stages. Any irrigation supply lateral or canal which is ed and operated by the District and which may course t site, must not be obstructed nor encroachment made on its rights of way. - -1- • 3. Any alteration from the original. delivery point must be approved by the Water Superintendent and transfers to accomplish this alteration must be arranged with the Secretary of the District as part of the system. plan acceptance by the Board of Directors. 4. No alteration or enclosure of an irrigation canal: or lateral shall be permitted without a license agree~ae~tt. No access to such canals or laterals shall be denied to the District. 5. If irrigation service is not to be provided to the' individual properties, .all property owners must~ba~- notified that the District tax is an .obligation of all lands in the Irrigation District.. This notification is. in compliance with Idaho Law. 6. No destruction, interference, nor limitation upon water flows which are appurtenant to the property rightm of ' others shall be permitted. 7. If development plans include providing irrigation, operation and maintenance of the system. may be-underta]cen by a Lateral Ditch Water User's Association, in which case the District assumes no responsibility beyond the original point of delivery for the tract. 8. The District cannot provide permission for alteration of waterways belonging to and being a part of the property. rights of individual land owners and to which waters floe from the system of the District. Permission gust b~ granted from each of the property owners having ditch and water rights in the waterway. C. REVIEW AND APPROVAL PROCESS 1. Applicant shall complete and submit 'the attached - application form to the Secretary of the District. Tao (2) copies of the proposed plans shall be submitted with the application. 2. Upon approval of the original application, plans and specifications for construction, prepared by a registered engineer, shall be submitted for review to the District. Plans and specifications shall be reviewed by the District Water Superintendent and/or the District's engineers. If acceptable, •the developer. will be notified. Prior to actual construction an estimate of the cost of construction .shall be provided to the District. -2- • • 3. If a license agreement is required to conform to specifications of the District and/or recommendations of its engineers, the Secretary of the District will then make arrangements for an appropriate license agrouent for which the licensee shall be liable for paym®nt _of attorney fees. 4. The District shall be notified prior to commencement. of construction. Inspection by representatives of-the .District or its engineers will not constitute approval of all or any part of the system and shall in no way relieve the developer or his contractor of the responsibility for providing a sound, workable system. 5. Within ten (10) days after completion of construction the developer's engineer must certify to the District-that. the system was installed in accordance with plans and specifications, and furnish as-built drawings to the District. 6. The developer and/or his contractor shall be responsible for the repair of all defects, leaks or failur®s occurring in the installation for a period of three (3) years after completion of construction. A maintenance and warranty bond in the amount of 10~ of the estimated or actual construction cost, whichever is greater, shall be furnished to the District within thirty (30) days after completion of construction. If the owner or his contractor fails to make required repairs or replacements promptly, the District shall make them, and the cost thereof shall be paid by the owner, his contractor or ..the surety. The fees required will be: 8650.00 7. Attorney fees will be required only where a license agreement is required and these will be payable directly to the law firm of the District's attorney.. and, BE ZT FIIRTHER RESOLVED; that the Secretary of the District is hereby ordered to send copies of this resolution to all planning and approval agencies in Ada and Canyon Counties and in the Cities of Boise, Meridian, and Nampa, to the County Commissioners of Ada and Canyon Counties and to the Mayors of Boise, Meridian and Nampa. to provide sufficient copies of the policy and application form for the continual administration and use thereof by all interested. parties. -3- • STATE OF IDAHO j ) ss. County of Canyon ) On this 16tb day of June 199.2, before me, the undersigned, a Notary Public, in and for said State, personally appeared Dare ~. Coon, known to me to be the person whose name is subscribed to the within instrument, and .acknowledged to me that he executed the. same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above. written. ~~~'t~ ~- N • ~lO~~~i ? c~J'~pTAR~y~~. /` Notary Public -State of Idaho Residing at Caldwell, Idaho My Commission Expires: 11/04/94 -4- ' # ' • , , „ ~ • - NAMPA & MERIDIAN IRRIGATION DISTRICT (Reproduction of this form is not acceptable) _ 1. (Proposed Name of Subdivision or Development} 2. (General Location) 3. (Legal Description - Attach if necessary) 4. (Owner of Record) (Address) 5. - (Subdivider or Developer) (Address) LAND USE CHANGE/SITE DEVELOPMENT APPLICATION - Page 1 of 2 5 6. (Engineer) (Address) (Person to Contact) ~ (Phone) 7. Acres ; No. of Lots i Number of Lots/Gross Acre 8. Proposed drainage discharge- . (Name of Drainage .Lateral) 9. Is irrigation water to be provided to property? If yes, answer the following: a) Proposed delivery point __ (Canal or Lateral) b) Present delivery point for this land c) Type of system i) Gravity - (Piped or open ditches) 2) Pump pressure (Signature) (Date) (Application must be filed with the Secretary of the District. The appropriate fees and two (2) copies of all plats and drawings must be included with the application.) LAND USE CHANGE/SITE DEVELOPMENT APPLICATION -Page 2 of 2 ENGII~„ • • iV N\ _~ SURV RUBBLE ENGINEERING, INC. 9550 Bethel Court ~ Boise, Idaho 83709 May 14, 1993 Mr. Wayne Forrey City Clerk City of Meridian 33 East Idaho Meridian, Idaho 83642 208/322-8992 ^ Fax 208/378-0329 RE: Annexation and Zoning 27 Acres East side of Locust Grove about 1000' South of Ustick Proposed Chamberlain Estates Subdivision Dear Mr. Forrey: On behalf of Kevin Howell, we hereby request that the property described in the attached application and legal descriptions be annexed into the City of Meridian. The present land use is pasture and farmland. The proposed land use for the entire property will be single family residential The present zoning is R-T (Rural Transitional) in Ada County. The proposed zoning is R-8 in the City of Meridian. The property is directly north and adjacent to the corporation limits of the City of Meridian and existing R-8 zoning. It will be desirable to extend this existing land use to the subject parcel The proposed annexation and zoning complies with the Meridian Comprehensive Plan. Additionally, we are requesting approval for the proposed subdivision preliminary plat. The proposed subdivision contains 99 building lots designated for single-family development. The proposed subdivision will contain landscaping adjacent to Locust Grove Road. New sanitary sewer and domestic water mains will be extended to serve this development. The streets are proposed as public streets. The lots will meet the square footage requirements as stated by ordinance. • Mr. Wayne Forrey May 14, 1993 Page Two Thank you for your time and consideration. Please call if you have any questions. Sincerely, Ja es Merkle, P.E. JCM/bh/222.Itr cc: Kevin Howell ~,`~ ENGI/yF~ V~ ~'N 9. ~~ CJ RUBBLE ENGINEERING, INC. • 9550 Bethel Court ^ Boise, Idaho 83709 SURVEY Project No. 93-053 HOWELL 27 ACRE PARCEL May 10, 1993 The South half of the South half of Government Lot 4, and the West half of the NW1/4 of the SE1/4 of the NW1/4, and a portion of the North half of the SW1/4 of the NW1/4 of Section 5, T.3N., R.1 E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the quarter corner common to said Sections 5 and 6, thence North 00°24'35" East, 1330.70 feet to the N1/16 corner and the REAL POINT OF BEGINNING. Thence continuing North 00°24'35" East 318.20 feet to a 1/256 corner; thence South 89°35'39" East, 1327.25 feet to a 1 /256 corner on the East boundary of Government Lot 4; thence South 00°26'06" West, 319.39 feet to the NW1/16 corner; thence continuing South 00°26'06" West, 9.24 feet to a point on the North boundary of that tract of land as described in Instrument No. 7730617, records of Ada County, Idaho; thence South 89°44'12" East along said North boundary, 331.34 feet to a 5/8" iron pin; from which the South boundary of Government Lot 3 bears North, 8.11 feet; thence South 00°24'04" West, 655.80 feet to a 1 /256 corner; from which the Southeast corner of that tract of land as described in said Instrument No. 7730617, bears South 12°05' West, 3.96 feet; thence North 89°35'32" West, 331.72 feet to a 5/8" iron pin marking the C-S- NW1/64 corner; thence continuing North 89°35'32" West, 738.47 feet to a point; from which a 1/2" iron pin marking the Southwest corner of that tract of land as described in said Instrument No. 7730617, bears South 4°30'28".East, 5.53 feet; thence continuing along said tract's Westerly boundary North 4°30'28" West, 393.12 feet to a 1/2" iron pin; thence North 89°42'09" West, 554.65 feet to a point on the West boundary of said 208/322-8992 ^ Fax 208/378-0329 Page 1 of 2 • C~ Section 5, from which the quarter corner common to Sections 5 and 6, bears South 00°24'35" West, 1055.96 feet; thence North 00°24'35" East, 50.00 feet to a 5/8" iron pin; thence South 89°42'35" East, 548.22 feet to a 5/8" iron pin; thence North 3°53'33" West, 211.83 feet to a 5/8" iron pin marking the Northwest corner of that tract of land as described in said Instrument No. 7730617; thence continuing North 3°53'33" West, 11.96 feet to a point on the South boundary of said Government Lot 4; thence North 89°32'34" West, 531.43 feet to the Point of Beginning. Containing 27.05 acres, more or less. Prepared By: RUBBLE ENGINEERING, INC. J Uw~,~ O 431 0 T F O F ~~ ~~ \RRY Q~~ DTP/bh/523.des D. Terry Peugh, L.S. .3nS ~~~~ ~ ~~,v~~ I Page 2 of 2 ~, ~- 9yo ~O SJRVF' .. TRANSMITTAL LETTER Attn: ~ W ~~ N L 2-~- (208) 322-8992 • Fax (208) 378-0329 DATE 5' I ~ ~ 3 Job No.: Project: ~{~-M g22(,fl (~ £SI~Pr~ S ~(~-Q-t-I v~ - -~-~r~~x . j WE ARE SENDING YOU: _ As Requested A ached _ RECEIVE Under Separate Cover, Via D FoR YouR: Use Information _ Record _ Review and Comment Bidding CITY pF ~Ek1D1AN _ Cost Estimating THE FOLLOWING: _ Prints _ Specifications _ Plans _ Shop Drawings ~ Samf~les t'i~oP~-'T` _ Copy of Letter l y~N22- I~~1 i(ZA~/- i Copies Date Sheet No. Description I ~. ~~ oR~e1z- REMARKS: _ -h-~1- t 5 1 S ~ ~s A-~ ont t" ~' (~ i~-1'~ ~-l.~~I ~ ~P v ~ aG ~ "~2, Copy To: _ With Encl. _ With Encl. With Encl. r`NGI/yF • ~~\ ~ ~~~ NUBBLE ENGINEERING, INC. (,. 9550 W. Bethel Court Boise, Idaho 83709 Signed~~~~ 4 F ~ s ' May 13, 1993 Mr. Wayne Forrey City Clerk City of Meridian 33 East Idaho Street Meridian, ID 83642 • • RE: Howell Annexation Request Dear Mr. Forrey: I hereby grant my permission to Kevin Howell to submit a request for the annexation of my property, located on the east side of Locust Grove Road and described in the attached legal description into the Corporate Limits of the City of Meridian. Acknowledgement State of Idaho ) ss County of Ada 1 STATE OF IDA ~~COUNTY OF On this p day of ~QY ' I~3' before me, a notary public in and for said State, personally appeared n~-tc~ Gv ~ (1a ~ ~r~l~r known to me to be the person whoS t name (s subscribed to the within instrument, and acknowledge to me _„` executed the same. that / ~ Notary Public ` ,Idaho Residing at ~~s`e Comm. Expires /Z/G~/~lt'!~ . Lyne nOr er 1993 personally appeared ~l.L Ui4iJ012~d2known or identified to me scribed to the within instrument and who same. expires c.~-Z$_ 9'-1 ~.•~ ~, . F R EC ''~ `,~~ C~ ~~~Eaee¢o~~~1rlF ~~ ~~ a ~y o -. .-,`~r ENGIIyF~ /` 9~O SURVEy~P • • RUBBLE ENGINEERING, INC. 9550 Bethel Court ^ Boise, Idaho 83709 Project No. 93053 208/322-8992 ^ Fax 208/378-0329 May 12, 1993 LEGAL DESCRIPTION FOR RONALD W. VAN ORDER AND R. LYNELL VAN ORDER; AND BURL L. PIPKIN AND VIVIAN J. PIPKIN DBA VIP FARMS Commencing at the quartersection corner common to Sections 5 and 6, T.3N., R.1 E., B.M., thence North 0°42' West along the section line 1056.00 feet to the REAL POINT OF BEGINNING; thence continue North 0°42' West 50.00 feet to a point; thence North 89°11'20" East, 548.44 feet to a steel pin; thence North 4°58'54" West, 212.56 feet to a steel pin; thence North 89°11'20" East, 1125.96 feet to a steel pin; thence South 0°38'20" East, 659.63 feet to a steel pin; thence South 89°12'38" West, 1068.94 feet to a steel pin; thence North 5°37'30" West, 398.63 feet to a steel pin; thence South 89°11'20" West, 554.66 feet to the Real Point of Beginning. This legal description prepared from data of record. /529. des ., i • May 13, 1993 Mr. Wayne Forrey City Clerk City of Meridian 33 East Idaho Street Meridian, ID 83642 RE: Howell Annexation Request Dear Mr. Forrey: hereby submit a request for the annexation of my property, located on the east side of Locust Grove Road and described in the attached legal description into the Corporate Limits of the City of Meridian. /~ ~~EY~M ~ ~ ~4-owcLc. Acknowledgement State of Idaho ) ss County of Ada ) On this ~ ~~ day of ~% s ~~~, 1993 personally appeared . ~, Nol.Ur !~ and known •r idcntificd to me to be the person whose name is subscribed to the within instrument and who acknowledged to me that he executed the same. Nutar P~ lic r Id o G ~. Resi in Boise, Idaho. My bond expires /224. !tr .~ /U "N\ • • 9y0 SURVEy~Q, • • RUBBLE ENGINEERING, INC. 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 208/378-0329 Project No. 93053 May 12, 1993 LEGAL DESCRIPTION FOR KEVIN HOWELL The South half of the South half of Government Lot 4 in Section 5, T.3N., R.1 E., B.M. This legal description prepared from data of record. /528.des ~ , ~-, q ; c: ~. F 1 R~ r,!'lER 1 Cr~N T 1 TLE CO, Fri!i N0, 2~2~55:~ ~ -- Post-It'° bra ~d f8x transmittal memo ?t~~-" I • ~~~~!~ ~, -~- From - ' - Co. t f ~ ~~ _ ( ~_' Phone - Dept. __ Far +' pnx a .I •~ • ~~ .. •'~- I , ' CrJ~" V1'ARRANTl' nl';~;b Ft>r value t~o,ivod GJ.E:V D, t!11Rr) A.\7> Ji~1.\1F.1'i'F:~ tL11VD , hu:.band t nd wife l~, 8 ~ ~ hrsr_JltjrtL•r rtliarrod l+o a9 Q-antor. drr%; ticrrly gs~~t, bnr~}aln, :ull, :ut! 4]rx^j rc,t. KrXI~ ,1, Il<%~ra,t, ANTI 1f(L?v~ K. IIC~t.'f:Ll., !n'~!+AXC Atih ti: FF., bIN. A~ F:lti' I ti lA?6+'ELL Cuti;:'11tUCl"I(I,ti heir-tllafh:Y ieLesred lxl iss Gt~rltrn?, ut~n_ cutz~t 6b:rt+ss is 6701 K. r~~u+rn, tUrr;F, Iv, rt3704 l1n followi.rtr~ tS~=x:tibed prcmi:x ,, to-wit: ~ ;37th 1/2 of U'IC squth !12 OF Wt; 4, r~:icn 5. tr. sl~Jr 3 mi t:., ra.~a 1 cx''L:t, Poise rt[Stdidrr, !'~ oour~:y, Ir`lylio f.XCE'T ditch and Yord ri~hta-of-wAy. FIRS SAN` ir;,;AN T T_E C ~Dl.V~~ fi:. ~.0, .,, i LECO~OER Y ~~-- \~ ~~ ~~7 1TJIS DOCZItiINC IS EiF.iNC RF-Rt~DkDFL KIR T)!T: PIJJOSF or• r+pRJtrt.TrNG catn.~rrrts vFSrr.rrc tNJt,Y ' 93 Jnrt 4 f ~ ,. , '11 'it7 IV~VE AVD 20 1gtI1 tJ'le Said pI•cml,IC+s,, with t'rir RJ.;iureevtnloE:s ur:~a ur :zid Gr.untee, h1S h~ita• and a~igrw Cv: ~wvr. A:'d ttr_ ~Kiid Granter rkxr, Ir.rr,lh~ 0.~.rc:i.' to ar~i with the galLt Grdrltr~+, th'It Cr,y,:lt.:r is the ~~.~" ~n fc~e SSi~;'r~ <~` ~a~:d IJ!'OTlit!_5; that' e8>.d pn;risr~ am fsYYr tfxT^ all el-rxr.tlr.sxs~ excr:~!. C?:I7LJl'. }r,-~e. Ci1IGC3, lE'.NSC„ grYi iL;yp6Frl:t)CS, sxl r3~cy?ut V. :o. r'l tca'~C 11e.~V:31.1(+-i, iC•.: tl Jll S':ll:, eyell>4i:y Vf LE1CCrd, arrt 141 CartsrLs Vtslt:lr? ulYir C1 M3 pr+tRi FX••, rlr rt .; ~It f7':11:i ~r •.+:'' WfZf irli)t arld del'F~Yi Ut) rirt3 fr_r~: all r_t,i:,:w w. vl Ctlo::ti': '. truc~J: ~~c•,..~~ ... ..._., 199.E-. Cii•?S1 !I. I]lt:J~J ,~AM:I:f' )~ YI, ilAlf?'I ~ ~ 'd~~ (~ ~" "~ ~ ii ... Q?tIM1Y UF; (Jc)rc,rrr ~•~y.'•. 1 J !k: 'Ihls J~ rtry of { *CP», L~~ Jn trr. ~~ar l9'?,., tx~furCe r+x+, n N.L;,'i T1d71ir: ii1 a7d fGr..;~rlrl SW:e, raur:xti.l:ly ar~gt.~:!bJ Ct1:N l'. L'~Alfil, r!rx: .i~:1'•'.1'1'~i~ ~. f ~~. [V+l:di, ~jx.anl or it1~~Cificxi to nr: Ir, tr ttr.. ri!rixar wtr>><I nulY+ ir: raitxx•r ~ttw lu '~!.' w7 U+in T71: t:nr.tvrt, •I: Yj ;IC~o r:wlrtkr.l 1C rlt:• tlrf :. try r_~tCr.. .flpl 11xe r.. uer, _~ ~j ~ 1 ~ 4 ~ C~ct....s ~ '' 'il`ti'ef~tw~• ~O,~n~ ~~ 1 (%','i'• ~~~~ Katy I4.+rllc for '(J,t+,Jrr;ryyY ~_ ~ !~~' ~~~ w'i9R`u7ANCRICANTIT~(~~icl;,T~ It /!~1~C ~DIGo{(:~i;e•' ~~t~(M~.~:} ;.(~ 1 5,~' ~° . +. i p.r GR _ ci+urlr..+,iu r Fxl+(tt~rto ` 9 ~- '~' ~t i ;%h ' ~. Dnvr^ '.' . '.gltr~(~~ Q A,r,3.I~ aa, 1 '9~ JRN 7 A~110 12 X%irst Ant.e~•ic~cut '1'itl~~ cn»~f~a~.'ty ~~/'Ifl~~lr~J ;~•' { 3,,..,.~ ...~. _ -: i 7 -vr• ~VAItRANi'Y~n~E ~+• _.,_.; +s,_ •> t~ lror Value Heceltrod C• WILLIAM ii00D1i+IN ~~hd KATIIRYN' M: fi00DWIN, ~•~{~;, huttbetnd and wile .'~~• ;,~:.• r,,. , y ..' . + . . the rr•anta•e t1e 1-eloby Errant, bRrpaln, pall and eonrey unto~~RONALO Ne~~~V11N ORDER and R. LYN~LL VAN ORDER, hunhernl and wlte, BURL ,i PIPXIN end VIVIAN J. PIPKIN, husband end wif,•, d/b/a/VIP ifARM3, a:generai patitnerahip the ~riateea, whole cur+, ~~+ addr+:ys b 419 W. Naahington, yjjMeridian, Idaho iL tho follov-int dr.r. ~t .•,I prernlteR, en Ade '': Qoltngr Idaho, (o•wit: A tract of land in the Nt,Gtl-.NI•J4 of Section 5,~ Tawns}tip 3 North, 1%.tnge-l. Eent, u. M., Ada County, IJaho, more particular~deacribed as follows: `Y~< > Commencing nt th+r yu:trCarsocti.on corner common to Sections „ ~'?;~;t~' . 5 .ino G, 1'ownsltip 3 North, Range 1 Eest, U.N.; thence -~,r•` North 0.42' t+test along the section line'105G.OQ feet to i-t" the REAL, i'OINT Ol' BCGI[tNINGt then40 coritirue '~ -North 0.42' Wt+st 50.00 icct t.o a paint;?'thence North R9•il'2•)" East, 548.44 feet to a steel pins thence Norr.h 4.58' :i4" Wrest, 212.56 feet to a atet:l pint tfiencc Borth il~•11'26' Laat., 1125.96 fer:c toe steel pin;;'thence . South n"38'20" East, f.ti'.+.r3 Loot to a steel pin; thence SOUth a)•12'3B" ut:,t, lOt,fi.94 tect to a; steel pins thence `North S°37'30" t:~st 3'I°.C3 feet to a steel pi.n; thence • South fl3.11'2)" Wert, 554.66 feet to the kEAL POINT OF BEGINgINC: i 7VCf:Titl:tt WI'1I1 all one ~.lnr/ular the tenements, hereditaments, and .t{~;,-,rc.•rr.+nc,~s thr•ra•unto l,ulc,n•ring or in anywise appertnininc; and s•.r: ~c•ct to :rll a::~.rr.~~~nts fc~r .ti+:chea, irrigation purposes, roods .,n,t c,ttlc~r uti I i t ia•s or ~• +:;••r~~.,nts arpt:iring on said land and sul,jecc to recordeai covr, +nts and rC+strictiona on said real property. T(1 IIA~'F: A\I+ Tfr ilrtl.lr thar raid promises, ++•ith their apl+urtenunroa unto tht Bald Grantee s, "` ' their h,•irr ned :,±aiyrn+ fnrocc•r• And -hc• said (;nrntnrs do h.'rrby eovrnant to and $~: , .i6 thr Raid r;r:,,Ne,• ~%, rh.,t t h,!' '+r'cKhc ow•ncr , in fee Nirrple of raid premitter; that thcY arc fnr mom. in~m nll incumi,ruu•s .rxc.•I,t. .ts statc4 t+I,ovc. ,uul that they .sill ++:rrr:u,t and deft~nd tho name frc,m ail Intvfui rlaimR wbatstxvrr. ~~" "~ v C. Siilliam Goodwin ,, , - ,. „~.+ %"~'~ A ST.4TR O! IDAl10, f.OUVTY OF Ada Onthb +_~ ~ dry o[ July ,1D 77, ` °° b•fure ta,r,'a trotaq puLlle in and tar the raid £tate, per- N1~ , w„rlly typw»d ~..,• C. tiilliam Goodwin and ~ ' •'" Kathryn I1. Goodwin, ~' if ' ~' 't/j _ e .husband rand w ~ .~~,r ~ , . know+i le ton fe w the persons whore name a re ~ ...?.X' ~t r~:y.rril»d.te fbr within Instrument, and reknowtedred to y ' !~ nw that ... . -they ertcuta•d the "rms. s ~ -- I Nina-y 1 ublie ~,~~'~~~ • . , Idrbo RerldlnE at Comra. Et t~ :~ s t 1' 1 •}r• STATl: OF It)AIIO• CnUYTY OF lli~tA 1 M nay eertifY ttut te;r twstrouat wu u.d tar.: record at the r`•ua"e °[ $Af ECU 1111E •- •.~, •t Uri minu4r put ~ ))edaek /'+~ k., 1 .,.• tt•i. ~, T/ day a! ~sr!•/ ~ -~i 19 70, in mr .•Tr•, rnd gofy recorded /n U /'` ! a[ Ireedr at Frp ~LAKEf~CE A. PU1fi71fiG _ .a o r er Py-- ~ i ~ •- t/ ~t~.~ rJ'~ Ueputr. Yee r ~ ~ `! /1 Mall lu: _ - '~ M. +, j. .1:. stir.. «,~~~v. g.J~VE 91~ ~~ TRANSMITTAL LETTER To: CI"T`J o~ Ml~1J~Jr4N Attn: J~/11Z, way N~ (-=olZ2 ~y • (208) 322-8992 • Fax (208) 378-0329 DATE 5 ~ ~?-c'13 Job No.: C F~4M -~ C2C.-•~!-I ~ l=zT~4'~ Project: ,'~ ©GJN BLS}-~- i ~ t'~~./-115~j/o WE ARE SENDING YOU: _ As Requested Attached _ Under Separate Cover, Via ~w FOR YOUR: /Use Information _ Record _ _ Review and Comment _ ~-~ '4j' J, Bidding _ Cost Estirr ~- THE FOLLOWING: _ Prints _ Specifications _ Plans _ Samples Copy of Letter _ Shop Drawings y st Gnj f}~tIR-e ~ rl-o"1',A~e~-7 Copies Date Sheet No. Description REMARKS: Copy To: _ With Encl. With Encl. With Encl. ~~. RUBBLE ENGINEERING, INC. 9550 W. Bethel Court • Boise, Idaho 83709 By: ~~//~` ~~ May 13, 1993 Mr. Wayne Forrey City Clerk City of Meridian 33 East Idaho Street Meridian, ID 83642 RE: Howell Annexation Request Dear Mr. Forrey: I hereby grant my permission to Kevin Howell to submit a request for the annexation of my property, located on the east side of Locust Grove Road and described in the attached legal description into the Corporate Limits of the City of Meridian. Ronald W. VanOrder Acknowledgement State of Idaho ) ss County of Ada ) R. Lynell VanOrder On this day of 1993 personally appeared and known or identified to me to be the person whose name is subscribed to the within instrument and who acknowledged to me that he executed the same. Notary Public for Idaho Residing in Boise, Idaho. My bond expires ! • • l ~ ~ 7 Burl L. Piplkin Acknowledgement State of Idaho ) ss County of Ada ) Vivian J. Pi n On this /7~ day of ~ 1993 personally appeared L. J~PK~r" and ~lr v ~a,~ ~' ~Kt ~ known or identified to me to be the person whose name is subscribed to the within instrument and who acknowledge to me that executed the same. Notary Public for Idaho Residing in Boise, Idaho. My bond expires ~~ -~ - 97 /222a.1tr ,\~ ENGI~yF • `~ ~~N RUBBLE ENGINEERING, INC. . ~r . ~y\ `/Q~ 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 208/378-0329 ~ SU~RV~~O Project No. 93053 May 12, 1993 LEGAL DESCRIPTION FOR RONALD W. VAN ORDER AND R. LYNELL VAN ORDER; AND BURL L. PIPKIN AND VIVIAN J. PIPKIN DBA VIP FARMS Commencing at the quartersection corner common to Sections 5 and 6, T.3N., R.1 E., B.M., thence North 0°42' West along the section line 1056.00 feet to the REAL POINT OF BEGINNING; thence continue North 0°42' West 50.00 feet to a point; thence North 89°11'20" East, 548.44 feet to a steel pin; thence North 4°58'54" West, 212.56 feet to a steel pin; thence North 89°11'20" East, 1125.96 feet to a steel pin; thence South 0°38'20" East, 659.63 feet to a steel pin; thence South 89°12'38" West, 1068.94 feet to a steel pin; thence North 5°37'30" West, 398.63 feet to a steel pin; thence South 89°11'20" West, 554.66 feet to the Real Point of Beginning. 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E A C w ~ ~U o. ~ ~ °=~ ~:E a y ~a BF..~ A 7~ y u ygg y .O C V'1 ~ n+ E °' "' " E~-•- .. ~ ~ ~ uw ia~o._ ~ ev~,~~ ~ ~ a.. .o ~•~~~~ ~ C N ~ Q f 0 ~ u ~ O ~' W ~~ o..~g h d ,^,L ~'~~U Z_ c~ ~•~yo d d ~~~ J b•C~ C v~ Q yE.. °~td m 'o u . ~ ~ C v ~ oD9 0 v s;~°'aF z_ F- E .5 ~'~= ° OC W H v ~ ;, 3 O W c ~ } o~ ~ } e m > ~ ~v W ~; ~ ~~C W O ~1 ~~ ; v ~ '~ 2 ' ~ ! W m a e\ H Q ~ W S~ ~ ~T ~ Q CQ G O a d V m~ a~ O N 0 a c ;, ~~ z~ mm U 1- 2 I Q N m ~ I _ m m0 O~ O ~ ~ ~ ~ d a ~~~ V C /~/~~/ ~ N Z a ~ I ~' ~ 1 I ~ E T W ~ ~ I V ~ ~ ~.. Z O N °~ .. f V _ ~ ~ ~ 00 Q~ O ^' ~ ~ ~ H Q D ~ ... .... ~MVaxv nnrv 'acicINVHJ2S3W ~IOd 1dISJ~] Nbn13~ ~49I3I.L213J "Q'O'J 'Q3Nf]SNI 'QH~I3.LSI'J~I ~IO~ 8861 '1~0 'LL8E W1O~ Sd a - LEY OF TREASURE VAL OFFICIALS A Good Place to Live WILLIAM G. BERG, JR., City Clerk n CITY OF MERIDIAN ear GARY D. SM TH, P.EyCity Eng BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, waste water supt. 33 EAST IDAHO KENNY W. BOWERS, Fire Chlef MERIDIAN, IDAHO 83642 W.L. "BILL" GORDON, Police Chlef WAYNE G. CROOKSTON, JR.; Attorney Phone (208) 888-4433 • FAX (208) 887.4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman • Planning 8 Zoning TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH T1FIE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8t Zoning Commission, may we have your answer by: Mav 24. 1994 TRANSMITTAL DATE: 5/3/94 HEARING DATE: 5!31/94 REQUEST: Annexation/zoning with a Preliminary Plat for Chamberlain Estates #2 BY: Howell Construction and Hubble Engineering LOCATION OF PROPERTY OR PROJECT: South of Ustick Road. East of Locust Grove Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: RECEIVED M~#Y - ~ 1994 CITY OF MI;t~IDIAN APPLIATION FOR ANNEXATION APPROVAL & ApR ~5 ~~J~ ZONING OR REZONE MERIDIAN PLANNING AND ZONING COMMIS~~~~l(1~'~ F~a;-~'.rir,rl~d FILING INFORMATION I. GENERAL INFORMATION Chamberlain Estates Subdivision No. 2 (PROPOSED NAME OF SUBDIVISION) NW 1/4, Section 5, T.3N., R.lE. B.M. Ada Countv (GENERAL LOCATION) Attached (LEGAL DESCRIPTION - ATTACHLF LENGTHY) Kevin A. and Irene K. Howell ~ZOR,137S z~ (OWNER(S) OF RECORD) (NAME) (TELEPHONE N0.) _6901 W. Emerald, Boise, Idaho 83704 (ADDRESS) Howell Construction, Kevin A. Howell. (208)375-3012 (APPLICANT) (NAME) (TELEPHONE N0.) Si4f11 W_ Rmaral ~ ~ Rni ca r T~lahn 8'i704 (ADDRESS) Hubble Engineering, Inc., James C. Merkle (208)322-8992 (ENGINEER, SURVEYOR OR PLANNER) (NAME) (TELEPHONE N0.) 9550 W. Bethel Court. Boise. Idaho 83709 (ADDRESS) City of Meridian (JURISDICTION(S) REQUIRING APPROVAL) Residential (TYPE OF SUBDIVISION - RESIDENTIAL, COMMERCIAL, INDUSTRIAL) ACRES OF LAND IN CONTIGUOUS OWNERSHIP. (ACCEPTED BY:) (FEE) N. 9y0 SURVEy~Q, • RUBBLE ENGINEERING, INC. 9550 Bethel Court ^ Boise, Idaho 83709 April 15, 1994 ,.., (/~~ J Y :. ~ 7 Project No. 93163 208/322-8992 ^ Fax 208/378-0329 Ms. Shari Stiles City Planner City of Meridian 33 East Idaho Meridian, Idaho 83642 Re: Annexation and Zoning of 9.71 Acres Proposed Chamberlain Estates Subdivision No. 2 Dear Ms. Stiles: On behalf of Kevin Howell Construction, we hereby request that the property described in the attached application and legal description be annexed into the City of Meridian. The present land use is pasture and farmland. The proposed land use for the entire property will be single family residential. The present zoning is R-T (Rural Transitional) in Ada County. The proposed zoning is R-8 in the City of Meridian. The property adjacent to this parcel on the East is zoned R-T in Ada County. The property on the South is Chamberlain Estates Subdivision, a single family residential subdivision with R-8 zoning in the City of Meridian. To the West is Howell Tract Subdivision and Cougar Creek Subdivision, both containing single family residential lots with R-8 zoning in the City of Meridian. Additionally, we are requesting approval for the proposed Chamberlain Estates Subdivision No. 2 preliminary plat located on 9.71 acres and containing 28 building lots designated for single-family development. This provides 2.9 dwelling units per acre, the R-8 zoning proposed for this annexation allows a maximum of 8 dwelling units per acre. The proposed annexation and Chamberlain Estates Subdivision No. 2 preliminary plat conform with the Meridian Comprehensive Plan Land Use Map as a single family residential subdivision. • • Ms. Shari Stiles April 15, 1994 Page 2 APR 15 f994 ~1~'~' ~~ I~icrruAlV This subdivision will contain new sanitary sewer and domestic water mains which will be extended to serve this development. The streets are proposed as public streets and will conform with Ada County Highway District standards and Meridian City Ordinance. All sidewalks within the subdivision will be five feet in width. The square footage of the lots and the minimum square footage of the homes will conform with the requirements of the Meridian City Ordinance. No variances are being requested at this time. Also, the applicant is proposing to realign the South Slough as shown on the preliminary plat. This will be realigned to allow better residential lot layout and to allow for an Irrigation District access road and future Meridian City pathway. Thank you for your time and consideration. Please call if you have any questions. Sincerely, c~~,~c~ James C. Merkle, P.E. Attachments cc: Kevin Howell Construction 6901 W. Emerald, Boise, Idaho 83704 JCM/mf/chmbrln2.ltr ~`~ NUBBLE L~GINEERING INC. 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 208/378-0329 y Project No. 93-163 A ri 4 ~~ p~~~ CHAMBERLAIN ESTATES NO. 2 SUBDIVISION AQR 1 5 194 ANNEXATION DESCRIPTION C~T`Y ~f• ~~~s~i~ r'ii'~I The North half of the South half of Government Lot 4 in Section 5, T.3N., R.1 E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 31 and 32, T.4N., R.1 E., and Sections 5 and 6, T.3N., R.1 E., B.M., from which the quarter corner common to said Sections 5 and 6 bears South 00°24'35" West, 2603.50 feet; thence South 00°24'35" West, 636.40 feet to the Northwest corner of the North half of the South half of said Lot 4; thence South 89°38'45" East, 45.00 feet to the REAL POINT OF BEGINNING (Initial Point). thence continuing South 89°38'45" East, 1282.39 feet to the Northeast corner of the North half of the South half of said Lot 4; thence South 00°26'06" West, 319.39 feet along the East boundary of said Lot 4 to a point; thence North 89°35'39" West, 1327.25 feet to a point on the West boundary of said Section 5; thence North 00°24'35" East, 318.20 feet to a point; thence South 89°38'45" East, 45.00 feet to the Point of Beginning. Containing 9.71 acres, more or less. Subject to right-of-way for North Locust Grove Road along the West boundary. Prepared By: NUBBLE ENGI ING, INC. DTP/tlp/490.des ~' y O ~, 4431 9~~~~~ OIFpF~, J~~ D. Terry ..S. RECEIVED APR 1 5 1994 CI~''Y aF ~E~~ii~~Ai`d April 14, 1994 Ms. Shari Stiles City Planner City Of Meridian 33 East Idaho Street Meridian, Idaho 83642 RE: Chamberlain Estates Subdivision No. 2 Annexation Request Dear Ms. Stiles: I hereby submit a request for the annexation of my property as described in the attached application and legal description into the Corporate Limits of the City of Meridian. A. Howell ACKNOWLEDGMENT State of Idaho County of Ada ss On this ice- day of Ju,~ , 1994 personally appeared Kevin A. Howell, known or identified to me to be the person whose name is subscribed to the within instrument and who acknowledged to me that he executed the same. ' 9A~p09P.AR~Jnn~, ~fy'S ~ g~9 Notary Public fo daho b~Q®'° ~~ Q~~~,e0~p®®Q `,: ; ,~~~,~ Residing in Boise, Idaho. My bond expires a' ~ ~~ ~q" ~,'~"~ ~ r',,;'-`a ,, Y w ® ~a ® © '9 i s\1030. Itr :, °~ A U$ L~- 9/ `~ 'r ~®mtatsm6®q SY 1A `~ v~~s ~ ®c t Bann ~z~~;~> • • April 14, 1994 Ms. Shari Stiles City Planner City of Meridian 33 East Idaho Street Meridian, Idaho 83642 RE: Chamberlain Estates Subdivision No. 2 Annexation Request Dear Ms. Stiles: I, Tracey Persons, hereby promise to post a legal notice of public hearing for the Chamberlain Estates Subdivision No. 2 Annexation hearing (1) week prior to the Planning and Zoning hearing date. This will be done in conformance with item number 17 of the Annexation and Zoning Requirements of the City of Meridian. Tracey Persons ACKNOWLEDGEMENT State of Idaho ss County of Ada //) On this ~~~'day of _ l~~ ~ , 1994 whose name is subscribed to the within instrument execu ed the ame. ~~ personally appeared Tracey Persons, and who acknowledged to that she Notary Publ~c~o~o ®® aho /~ /~ Residir~~o~se~~t~ho My bond expires ~z % `7g ~®>c~,. s,~oCare~m®® h~ ~ m®4 •~' ,c 7~ 0 C`,, ~`$~ OA y, o '~ p: '~ iJ A ~-~.,~ ~" ~@1 mss, ~. ~`'' r' ~J I3 L~~ "' ° p ~o s~ ~,~ tl~:1 ®9O yo ~@ffs156efi ~,1 ~0 f ~~ ~~` `i®nae ~~~ 6°A0 ;. WARRANTY DF E'U ~~ ~~.r 94igF `e :~t]iAt J. tirtLL>~R a~ JIA?~ il,~J 1riIL1k'2!, hr.~mtx~ ~-, ~ / +r ~,+' r~ e~ t~f~Cxar1 t0 iA9 Ga-erttor. dose t- gent, EC PR ~ ~ A r'~L~ ~bo t¢x~*r 7-. lt7M~7'~, and I1a~>~ X. lQ~~.. 1r~5esrd Brie xi Fe, -^s*r~91.-rt~ft~s' ra~aned ao !~ f,~ersl~e. Nfiose 4~csrrrt a~~ L 690'x. M. 9~gtD, ~, m B3r10t txw, follo~rirq ~ pe+aaises, 1~o-~-it: '1!^+s !~ *nl f of the Sot:fh heft .p! [at ~, esetiort S, 7Yar~eltlp 3 T~:tl~, linr~rn: Z P.e~t, 9odsa ede~ ~~Y. t~delo 'tV ~lV~ l1?a TO FIOtD t~ liEd.Q p~L9E4, ~t~ tl~4dr aeb uiUD Cl19 ~ C;renbae. h3.e T+ei~rS Ertl asrd~e rave:. fled tlee eaLd QtanRbr dt+es ~~ bra drd +d.1~ tl~e~ said t~+ee'rt~b. Chet f,~ta 3s ttee (~~ Ls ti1A ~a o! 8eid ,{e.,arrige~s that eeaid gCa+dses !ee ~ teaE E-1.1 ~ft7nA eeoe'Pt atrivxe ~a ta~eee. Ievi~, end aeee~aean~, art! art U. S. Psbe+iC . ~~~. et~9 of reoced. ~ eel:Bt v.Lelble uprs the pna~ses, and t~et Greertzx xLll meant and. defend tl~ aeee~ lsaE e~3 c]+eSne ~. ~aearl: txgoev+ber ~'-} ]943. ~, ' ! 1/~~/'~ ~. ' ~,, .•, - - s~~ dF I~ :~ cax~tx of ,wP+ ) - - L~,._ 1e.1 G~_ tav Mrs - - Cn This ~~~Y of Da~e~. in ~,e 2e~eoc 1990. betas ~, 4 Pubsi~ in and f~ aidid St~ta~ ~e~.Liy epQasrv~d JaN J. IRt~Ot eicd JN~1~01 WU ir17I8t, letioief ca• ~derxti.f vas W b0 the p~'i~ Mtn ne+ees see ~~ m the witlrin 2. ~,~~~leerja7 W ra Cyst flax seva~d Utd eeve. ;, ~ j ~f ~ C, ~~M,Y a i~~L «it"~{~ ~ + ~ ~i~ ~~ / iI ~R~,ic !ae ideholCr Ide11o ~ r r• ~ .t ems, sdeho "s, * *Ui Q~• ~ ~itaao ,~~~.sr~ss oe ~i+rslr~j in EcT.s~, fd3loo Mir Conmbslon Eft 2.12.99 First American Title Company of Idaho R 14 '94 15:00 ~: ~• PAGE.00~ • NOTICE OF HEARING • NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m., on May 31, 1994, for fihe purpose of reviewing and considering the Application of Howell Construction, for annexation and zoning of approximately 9.71 acres of land located in the NW 1 /4, Section 5, T. 3N, R. 1 E, Boise-Meridian, Ada County, Idaho, and which property is generally located on South of Ustick Road, East of Locust Grove Road. The Application requests annexation with zoning of R-8. Further Applicant requests Preliminary Plat approval of the parcel of land above described for 28 single family dwelling lots for Chamberlain Estates Subdivision No. 2. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 6th day of May, 1994 ~~~~~~ , WILLIAM G. BERG, JR., CITY CLERK NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, tha# the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on July 19, 1994, for the purpose of reviewing and considering the Application of Howell Construction, for annexation and zoning of approximately 9.71 acres of land located in the NW 1/4, Section 5, T.3N, R.1 E, Boise Meridian, Ada County, Idaho, and which property is generally located South of Ustick Road and East of Locust Grove Road. The Application requests annexation with zoning of R-8. Further Applicant requests Preliminary Plat approval of the parcel of land above described for 28 single family dwelling lots for Chamberlain Estates Subdivision No. 2. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 27th day of June, 1994 WILLIAM G. BERG, JR., CITY CLERK I J ~1 1 ~ 1 1 Q ! {~~, ~ ~ I~ L > ~_~ ~ ~ ~ -~ ~, v ~ ~ Q ~ 1 Q- \ O 0 k1 ~ ~ ~ ~ i~_ ~. 1 ~~~ ~~ ~~ ~..1J ~ 1 • i ~ • s • ~-' • ~ ~ i ~ • • ~ ,sr-Jq, i -- iV N ;' r! 1!1 : S y r ~ • ' , * ~ -~ v w ~ ~~ ! ~ '~~~ ~ ~ F ~ ~ ;~ 1 ffi ~ ~~ , ~ ~ ~~ . ~ ~ i •, ~, ! ~ ~ _?_ ~ _ _ ~1 N - • N M ~ O a N ~ L 3 jfa" 'id N3iy~ oar n •N ~ ' I . ~ O 1n ~ ~ N MI f f _ y 7 S t C t n. a n .~ ~ ~ - • ~. n e M N V ~3/1d 3901a h Jf1t f ' N N O A a. ~ mO NO f- O a Q V •W O N ~ •~ J •~ n W J ~ n n a '° r 41 - N N ~- h ~ m N ` - , •3N0 V~p35 'a ^ N _ _ Q ~ a, /m ~ l ~ N /1 < ~ r O N ~ a ~~ O r^ o a^ p 'f Q m V~ ~ ~ M d w ----_ t • ~ N N N ~ ' nl ~ N. 'fie .3w1rA 'N ~ '3hV 13 W"it/A ' ~ ~° 0 9~ ~` O N M1 ~ o a Q W O a ~ _ - ,~ „ ~;b~• n W ~~ ti tij s ~ N ~ bb ti - ~ - _ ~ ~, ~~ s m Q N o03 - Jam, ~Q ~b , ti ~ ~ .~. ~ _ ~ ~~ -rb 'lj o -..~aJ_ a ~.. • ~EC~~~~~ APR 1 5 1994 Cl~~ (~~ t;t~11~~`t'~ PROPERTY OWNER'S WITHIN 300' CHAMBERLAIN ESTATES SUBDIVISION NO. 2 Sharon & Duane Chirstensen 2770 N. Locust Grove Road, Meridian, Idaho 83642 E.E. & Virginia Brinegar 1639 Conant Avenue, Burly, Idaho 83318 Edward & Bonnie Griffith 2680 N. Locust Grove Road, Meridian, Idaho 83642 Vern & Angelina Alleman 2101 E. Ustick Road, Meridian, Idaho 83642 Vijya Laxmi Development, Inc. 8589 Brookview, Boise, Idaho 83709 Meridian Place, LTD P.O. Box 7727, Boise, Idaho 83707 Teresa Wilja 2505 N. Sequoia Ave., Meridian, Idaho 83642 David & Jeanette Barnette 1741 E. Meadowsgrass Street, Meridian, Idaho 83642 Tract Subdivision Homeowner's Association 1401 Shoreline Drive Boise, Idaho 83701 Stanley & Therese Shakenis 2520 N. Valmet Ave., Meridian, Idaho 83642 Leroy & Ann Barker 2502 N. Valmet Ave., Meridian, Idaho 83642 Lyle & Alice Sinclair 2480 N. Valmet Ave., Meridian, Idaho 83642 Michael & Dina Garshak 2448 N. Valmet, Meridian, Idaho 83642 • Richard & Kelly Debriae 2418 N. Valmet, Meridian, Idaho 83642 James & Denise Beck 1553 E. Hunter Drive, Meridian, Idaho 83642 Brian & Suzette Wilde 1537 E. Hunter Drive, Meridian, Idaho 83642 Johephine Driver Trust 1519 E. Hunter Drive, Meridian, Idaho 83642 ~E~~~~~~ APR 1 5 1994 CITY ~F ~~c~i:Yril~ is\chmbrln2.rpt MERIDIAN CITY COUNCIL MEETING: NOVEMBER 8 1995 APPLICANT: ITEM NUMBER; _ ~ REQUEST; nFVFi nan~Fn~r eGREEMENT 8~ CCBzR'S FOR CHAMBERLAIN ESTATES AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: • ~u _ r ~~~ a~~yG,~P OTHER: ~! Materials presented at public meetings shall become properly of the City of Meridian. eJAMES W. KISER ATTORNEY AT LP.W 54050VERLAND ROAD (OVERLAND AT PHILLIPPII BOISE.[DAHO 83705 208 376-3100 FAX 208-376.3126 November 3, 1995 Sherry Stiles City Hall 33 E. Idaho Ave. Meridian, ID 83642 Re: Chamberlain Estates/Kevin Howell Dear Sherry: 1. Development Agreement/Exhibit B: Sh~J~~ ~' y~ ,~ ~~ `~ `~ ~^° ~,~ I met with Wayne Crookston this morning regarding the changes to Exhibit B of the Development Agreement. Enclosed please find the final Development Agreement with the legal description together with the revised Exhibit B. Hopefully, these changes satisfy Wayne's questions. 2. CC&R's for Chamberlain Estates Subdivision: Attached hereto are the CC&R's for Chamberlain Estates Subdivision. I have met briefly with Wayne Crookston on these. He is going to attempt to review them and he thought we could have these on the agenda for the November 8 City Council meeting as well as the Development Agreement. Of particular importance in these CC&R's is Section 4.6.2 where we have satisfied the concerns of ACRD regarding the maintenance of the retention pond. As you can see from reviewing these particular sections, ACHD is going to perform the "heavy" maintenance on the retention pond and the Homeowners Association will perform the "light" maintenance. ACHD has agreed to that "heavy" maintenance and a copy of their letter is also attached hereto. Please review and if you have any questions about anything, please do not hesitate to give me a call. If possible, Kevin Howell would like to get this done at the City Council meeting on November 8 and to have the pre-construction meeting as soon thereafter as possible. very much for your assistance. S~ncerely/,~ James TiV/. Kiser JWK: Attachments s • DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this day of 1995, by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, party of the first part, hereinafter called the "CITY", and Kevin A. Howell and Irene Howell, husband and wife, dba Kevin Howell Construction, party of the second part, hereinafter called the "DEVELOPER", whose address is 3451 Plantation River Drive, Boise, Idaho 83703. WITNESSETH: WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full; and WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6511A, Development Agreements, which provides that cities may enter into development agreements with developers upon rezoning of land; and WHEREAS, the CITY has passed two development agreement ordinances, one when land is rezoned, i1-2-416 L, and one when land is annexed, which is when it is also rezoned, 11-2-417 D; and WHEREAS, the DEVELOPER has submitted an application for annexation and zoning, or an application for rezone, of that certain property described in Exhibit "A", and requested zoning of R-8 and has submitted a subdivision preliminary plat for said DEVELOPMENT AGREEMENT - 1 d/realest/chambrln.dev • • property which has been recommended for approval by the Meridian Planning and Zoning Commission; and WHEREAS, the DEVELOPER made some representations at the public hearing before the Meridian Planning and Zoning Commission as to how the land would be developed and what improvements would be made; and WHEREAS, the CITY has authority to place conditions and restrictions upon annexation or rezoning of property; and WHEREAS, DEVELOPER deems it to be in its best interest to be able to enter into this agreement and acknowledges that this agreement was entered into voluntarily and at its urging and request; and WHEREAS, the DEVELOPER, as sole owner of said land, has made request to the CITY to have the same annexed to said CITY, or rezoned, and has submitted to the CITY a Plat thereof which has been approved for annexation by the CITY and as part of the annexation or rezone the CITY adopted and approved Findings of Fact and Conclusions of Law; and, WHEREAS, the Findings of Fact and Conclusions of Law required that the DEVELOPER enter into a Development Agreement; and WHEREAS, the said City Council in the Findings of Fact and Conclusions of Law annexed or rezoned the property subject to de- annexation if the DEVELOPER did not enter into a Development Agreement. DE~IELOPMENT AGREEMENT - 2 d/realest/chambrln.dev • • NOW, THEREFORE, IT I5 HEREBY AGREED AS FOLLOWS: DEVELOPER agrees, and hereby binds his, its, or their heirs, successors and assigns to this agreement, in consideration for the annexation, rezone, or the non-de-annexation of the area, as follows: 1. That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 2. That DEVELOPER, in accordance with its representations before the CITY, shall, on the land described in Exhibit "A", only construct single-family houses and that all such single-family houses shall have at least 1301 square feet of floor space, exclusive of garages. 3. That the property zoned R-8, described in "Exhibit A", shall have lot sizes of at least Sixty Five Hundred (6500) square feet, which is the size represented at the City hearings, and shall meet all of the requirements of the R-8 zone and have no duplex units, townhouses, or patio homes constructed on said property. 4. That there shall be no change to increase the number of lots or the size of lots as shown in the preliminary plat submitted with the request for annexation, zoning and preliminary plat approval, which is incorporated herein as if set forth in full herein. DEVELOPMENT AGREEMENT - 3 d/realest/chambrln.dev • • 5. That DEVELOPER will, before annexation, or de-annexation, file or cause to be filed with the City Engineer, a complete set of "Subdivision Improvement Plans" showing all streets, utilities, pressurized irrigation facilities, sewer, water, drainage, street and other similar signing and barricades, and other such improvements contemplated within the subdivision, which Plans and all improvements shown thereon shall meet the approval of the City Engineer. The Subdivision Improvement Plan, or Plans supplemental thereto, shall also show the proposed location of pressurized irrigation facilities within or that may affect or be affected by the development. Said Subdivision Improvement Plans are incorporated herein and made a part hereof by reference. 6. That DEVELOPER will, at his or their own expense, construct and install all sanitary sewers, storm drains, pumping stations, water mains and appurtenances, fire hydrants, curbs and gutters, pressurized irrigation system, electrical transmission lines, natural gas lines, telephone lines, sidewalks, cross drains, street, street surfacing, street signs, and barricades as well as any and all other improvements shown on the Subdivision Improvement Plans. DEVELOPER shall also install DEVELOPMENT AGREEMENT - 4 d/realest/chambrln.dev • telephone, electrical power, gas lines, and television as required for the development. 7. That DEVELOPER will construct and install all such improvements in strict accordance with the filed and approved plat and Subdivision Improvement Plans, and the City Standard Engineering Drawings and Standard Engineering Specifications current and in effect at the time the construction of said improvements is accomplished, or as otherwise agreed between the DEVELOPER and the CITY if the standards and specifications are more restrictive and onerous at the time of construction than at the time of execution of this Agreement. 8. That DEVELOPER will provide the City Engineer with at least fifteen (15) days advance written notification of when and of what portion, or portions, of said improvements he intends to complete and the time schedule therefor; and agrees to make such modifications and/or construct any temporary facilities necessitated by such phased construction work as shall be required and approved by the City Engineer. 9. That DEVELOPER will have "corrected" original drawings of the Subdivision Improvement Plans of all said improvements prepared by a Registered Professional DEVELOPMENT AGREEMENT - 5 d/realest/chambrln.dev Engineer and will provide the CITY with said Plans or a duplicate mylar copy of said Plans. The Subdivision Improvement Plans of the proposed improvements shall be "corrected" to show the actual constructed location (both horizontally and vertically) of the various water and sewer lines, all utility lines, and pressurized irrigation lines and their individual building service lines, the curb and gutter alignment and grades, etc. The "corrected" Subdivision Improvement Plans shall include a "Certification" thereon, signea by zne Registered Professional Engineer in charge of the work, that said Plans of the various improvements are true and correct and that he (the Registered Professional Engineer) has inspected the construction of the various improvements (water lines, sanitary sewer lines, pressurized irrigation lines, gas lines, electricity lines, storm drain lines, curb and gutter, street paving, etc.) and that the materials for and the installation of the same were all done in conformance with the applicable City Standard Engineering Drawings and Standard Engineering Specifications governing the construction of these facilities. 10. That DEVELOPER will, immediately upon the completion of any such constructed portion, portions, or the entirety DEVELOPMENT AGREEMENT - 6 d/realest/chambrln.dev • of said development, notify the City Engineer and request his inspection and written acceptance of such completed improvements. 11. That DEVELOPER agrees, that upon a finding by the City Council, duly entered in the official minutes of the proceedings of the City Council, that a portion, or portions, or the entirety of said improvements need to be completed in the interest of the health, welfare and/or safety of the inhabitants of the CITY, the DEVELOPER will thereupon, within a reasonable time, construct said needed improvements, or, if he does not so construct within a reasonable time after written notification of such Council action, and the CITY thereafter determines to construct, and does construct such improvement, or improvements, the DEVELOPER will pay to the CITY the cost of such construction, in such manner and under such terms as the CITY shall order after conference with the DEVELOPER. Provided, however, the City Council shall not make the finding set forth in this paragraph except at a regular or special meeting of the City Council and unless the DEVELOPER has been notified in writing of the time and place of such meeting at least three (3) days prior thereto and has been given an opportunity to be present DEVELOPMENT AGREEMENT - 7 d/realest/chambrln.dev • • in person or by counsel, and to be heard on the merits of the proposed finding. 12. That DEVELOPER agrees that upon his, its, or their having received written notification from the City Engineer, that any of the requirements herein specified have not been complied with, that the CITY shall have the right to withhold the issuance of any Certificates of Occupancy within such annexed area and/or shall have the right to withhold the providing of culinary water service to any part, parcel, or portion of such annexed area until such time as all requirements specified herein have been complied with; provided, however, the DEVELOPER shall have the right to appear before the City Council at any regular meeting after any Certificate of Occupancy or any water service shall have been withheld for reasons set forth in this paragraph, and shall have the right to be heard as to why such Certificate of Occupancy should be issued or water service allowed. The Council shall then decide whether said Certificate of Occupancy shall be issued or water service to said property allowed, and its decision shall be final, except that the rights of the parties are preserved at law and equity. 13. DEVELOPER agrees that, in the event any of the improvements required herein are not timely installed, DEVELOPMENT AGREEMENT - 8 d/realest/chambrln.dev • • the CITY may, at its sole option, install the improvements and declare the entire cost of said improvements to be immediately due and payable and may seek to collect such sums in the manner provided by law, or may pursue any other remedy set forth herein or as may be available in law or equity. In the event of such declaration, all sums due shall bear interest at the prime interest rate of First Security Bank of Idaho, plus five percent (5%) per annum, until paid. 14. That DEVELOPER agrees to, and does hereby, grant a security interest in the land which is the subject of this Agreement, to secure the installation of all improvements including, but not limited to, sewer, water, irrigation and drainage piping, pressurized irrigation system, landscaping and berming, and fencing. In the event of DEVELOPER's failure to complete such installation, the CITY may install such improvements and, without notice, foreclose this Agreement as a mortgage in accordance with the mortgage foreclosure laws of the State of Idaho; provided further that upon request of the DEVELOPER, the CITY will execute and deliver a partial release of the lien created herein against all or any portion of the subject land, upon completion of that portion of the total improvements installed which relates DEVELOPMENT AGREEMENT - 9 d/realest/chambrln.dev • • to the percentage of improvements that have been installed as compared to the total amount of improvements. The CITY further agrees that, upon request of DEVELOPER, the CITY will, by written agreement, subordinate the lien created hereby, to any mortgage, deed of trust, or other security device required to secure the payment of any loan or advance made to DEVELOPER for the sole purpose of financing the construction of improvements upon the land which is the subject of this Agreement; provided, however, that the financing entity shall first warrant and represent in writing that it understands that the contemplated loan or advances will be used solely for the construction of improvements upon the land and that it will take reasonable precautions usual and customary to the financing and lending industry to ensure that the loan proceeds or advances will not be used for any other purpose. The CITY may also require surety bonds, irrevocable letters of credit, cash deposits, certified checks or negotiable bonds, as allowed under 11-9-606 C of the Revised and Compiled Ordinances of the CITY of Meridian, to insure the installation of the improvements, and the DEVELOPMENT AGREEMENT - 10 d/realest/chambrln.dev • • DEVELOPER agrees to provide such, if required by the CITY. 15. That DEVELOPER agrees that those portions of the water main or the sanitary sewer line, for which the CITY has expressly agreed to enter into a late comers agreement, if any, for including any water or sewer line extensions, increased line size or capacity, are required because of future service needs originating from properties not owned by DEVELOPER and located within the vicinity of the subject development; that sound planning requires construction thereof at the present time in order to accommodate future expansion and development. In recognition of the cost savings which can be accomplished by construction of such excess capacity and/or improvements concurrently with the facilities to be constructed for DEVELOPER's purposes, and the impracticality or impossibility of constructing such excess capacity and/or improvements separately or at a later time, DEVELOPER agrees to design and construct such facilities subject to the CITY's agreement to enter into a late comers agreement to reimburse DEVELOPER for a portion of the costs of such excess capacity. DEVELOPER agrees to obtain three independent bona fide bids for the performance of such work from qualified and responsible DEVELOPMENT AGREEMENT - 11 d/realest/chambrln.dev • contractors and shall deliver copies of such bids to the CITY prior to the commencement of such work. Such bids shall be solicited and itemized in a manner which allows clear and specific identification of that portion of the construction work for which the CITY may possibly agree to enter into a late comers agreement. The CITY's obligation to enter into a late comers agreement to help DEVELOPER to pay for such costs shall be limited to the lowest of such bids irrespective of whether the lowest bidder is in fact selected by DEVELOPER to perform the work. 16. That DEVELOPER agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the CITY and the DEVELOPER have entered into an addendum agreement stating when the improvements will be completed in a phased development; in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the CITY. 17. That DEVELOPER agrees, in recognition of the unique and peculiar circumstances relative to this development, to the special conditions set forth in Exhibit "B" attached hereto and by this reference made a part hereof; and agrees to construct a perimeter fence around the entire DEVELOPMENT AGREEMENT - 12 d/realest/chambrln.dev • • parcel prior to any construction, except where roadways and streets for access are located and except where the CITY has agreed that such fencing is not necessary. 18. That DEVELOPER agrees that any notice required by this Agreement shall be given at the following address: CITY of Meridian: DEVELOPER: City Engineer Kevin A. Howell City of Meridian Irene Howell 33 East Idaho 3451 Plantation River Drive Meridian, ID 83642 Boise, Idaho 83703 19. That DEVELOPER agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's office. 20. All covenants and conditions set forth herein shall be appurtenant to and run with the land and shall be binding upon DEVELOPER's heirs, successors or assigns. 21. This Agreement shall become valid and binding only upon its approval by the City Council and execution of the Mayor and City Clerk. 22. That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian and the property shall be subject to de- annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the CITY of Meridian. DATED the date, month and year first appearing. DEVELOPMENT AGREEMENT - 13 d/realest/chambrln.dev • DEVELOPER: Kevin Howell Construction By, Kevin A. Howell By Irene Howell CITY OF MERIDIAN By Grant P. Kingsford, Mayor By William G. Berg, Jr., City Clerk DEVELOPMENT AGREEMENT - 14 d/realest/chambrln.dev • • STATE OF IDAHO ) :ss. County of Ada ) On this day of , 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared Kevin A. Howell and Irene Howell, husband and wife , known, or proved to me, to be the persons who executed this instrument and acknowledged to me that they executed the IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate f first above written. (SEAL) STATE OF IDAHO ) County of Ada ) :ss. Notary Public Residing at•_ My Commission Expires: On this day of 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared GRANT P. KINGSFORD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that said City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate f first above written. (SEAL) Notary Public Residing at:_ My Commission for Idaho for Idaho Expires: DEVELOPMENT AGREEMENT - 15 d/realest/chambrln.dev l~~ w s~ ~9- y/ uvaE~ • • RUBBLE ENGINEERING, INC. C.a:J, t. 9~s3 9550 Bethel Court ^ Bolse, Idaho 83709 Project No. 93053 REVISED 1,/~aG/ 2081322-8992 ^ Fax 208/378-0329 January 21, 1994 Revised May 9, 1994 DESCRIPTION FOR CHAMBERLAIN ESTATES SUBDIVISION PORTIONS OF A RESUBDIVISION OF LOTS 9 THROUGH 16, BLOCK 8, CHATEAU MEADOWS EAST NO. 9, GOVERNMENT LOT 4 AND THE S1/2 NW1/4, SECTION 5, T.3N., R.1 E., B.M., MERIDIAN, ADA COUNTY, IDAHO A parcel of land being portions of a resubdivision of Lots 9 through 16 of Block 8 of Chateau Meadows East No. 9, a Subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho in Book 61 of Plats at pages 6048 and 6049 and in particularly shown in Quitclaim Deed No. 9346079, Government Lot 4 and the S1/2 of the NW1/4 of Section 5, T.3N., R.1 E., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Commencing at the brass cap marking the one-quarter corner common to Section 6 and the said Section 5; thence North 0°24'35" East 2603.50 feet along the Westerly boundary of the said NW1/4 of Section 5, which is also the centerline of North Locust Grove Road, to a 5/8" iron pin marking the section corner common to the said Sections 6 and 5 and Sections 31 and 32, T.4N., R.1 E., B.M.; thence South 0°24'35" West 954.60 feet along the said Westerly boundary of the NW1/4 of Section 5 to an iron pin; thence South 89°39'35" East 45.00 feet to a 2-inch iron pipe, also said point being the REAL POINT OF BEGINNING (INITIAL POINT); thence along the following courses and distances to iron pins: continuing South 89°35'39" East 1282.25 feet; thence South 0°26'06" West 328.63 feet; thence South 89°44'12" East 331.34 feet; Chamberlain Est. Subd.-Rev. ~ ~ ~ Page 1 of 3 (xd a, } A .~ •^ • Project No. 93053 January 21, 1994 thence South 0°28'15" West 655.80 feet to a point on the Northerly boundary of Chateau Meadows East No. 8, a Subdivision, as Bled for record in the office of the Ada County Recorder, Boise, Idaho in Book 60 of Plats at pages 6023 and 6024; thence North 89°35'33" West 485.93 feet along the said Northerly boundary of Chateau Meadows East No. 8 to a point marking the Northwest corner of the said Chateau Meadows East No. 8 and the Northeast corner of the said Chateau Meadows East No. 9; thence along the Southerly boundary of the said Quitclaim Deed Instrument No. 9346079 the following courses and distances: South 89°15'42" West 95.40 feet; thence South 89°47'28" West 101.42 feet; thence North 89°50'16" West 70.00 feet; thence South 89°47'38" West 70.00 feet; thence North 89°55'10" West 70.00 feet; thence South 89°50'06" West 70.00 feet; thence North 89°47'08" West 106.20 feet; thence leaving the said Southerly boundary of Quitclaim Deed Instrument No. 9346079 North 4°30'28" West 398.65 feet; thence North 89°42'09" West 554.65 feet to a point on the said Westerly boundary of the NW1/4 of Section 5; thence North 0°24'35" East 50.00 feet along the said Westerly boundary of the NW1/4 of Section 5; thence South 89°42'35" East 548.22 feet; thence North 3°53'33" West 211.83 feet; Chamberlain Est. Subd.-Rev. Page 2 of 3 Project No. 93053 • January 21, 1994 thence North 89°37'50" West 532.33 feet to a point on the said Westerly boundary of the NW1/4 of Section 5; thence North 0°24'35" East 330.94 feet along the said Westerly boundary of the NW1/4 of Section 5; thence South 89°35'39" East 45.00 feet to the point of beginning, comprising 27.24 acres, more or less. JCM/DTP/G LR/b h/761. des Chamberlain Est. Subd.-Rev. Prepared by: NUBBLE ENGINEERING, INC. D. Terry Peugh, P.L.S. Page 3 of 3 ~~ • • EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND KEVIN A. HOWELL This subdivision development is for single-family dwelling units and is to be developed in two phases. Phase I will have 53 lots (composed of four non-build lots and 49 building lots) and Phase II will have 50 lots (all of which are building lots). The total acreage is 27.24 total acres and the density is 3.78 total lots per acre for all lots and 3.63 building lots per acre. Developer agrees for each phase to: 1. Extend and construct water and sewer line extensions and connect to the existing Meridian water and sewer lines to serve each phase of this development as each phase is constructed and serve each building lot. 2. Construct streets, curbs, gutters and sidewalks to and within each phase of the development as each phase is constructed which meet City and ACHD requirements. 3. Dedicate all required public rights of way from the center line of adjoining public roads. 4. Pay any usual and customary development fees or transfer fees adopted by the City of Meridian. 5. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law adopted by the City of Meridian regarding this development. 6. Comply with all Meridian City ordinances. 7. Construct berms and landscaping in all common area lots of the development which are designated as follows: Lot 1 Block 1 (planting strip traffic divider) Lot 1 Block 2 (sidewalk adjacent to ACHD right-of-way and landscape all other portions of this lot; construct perimeter fence between this lot and adjacent building lot) EXHIBIT B - 1 d/realest/howell.exb ~'~ . • Lot 1 Block 3 (sidewalk adjacent to ACHD right-of-way and landscape all other portions of this lot; construct perimeter fence between this lot and adjacent building lot) Lot 13 Block 3 (retention pond/drainage basin area; landscape) These lots shall be transferred to the Homeowners Association and the Covenants, Conditions and Restrictions (CC&R's) for this subdivision shall provide that the Association shall maintain these common area lots. 8. Pressurized irrigation shall be provided to all lots in each phase of this development as each phase is developed. 9. Perimeter Fencina: Construct fencing around the exterior Subdivision perimeter of the entire Phase I development. Between Phase I and Phase II Developer shall construct temporary construction fencing while Phase I is under construction but Phase II is not. Upon construction of Phase II of the development Developer agrees to construct the remainder of the fencing around the perimeter of Phase II. In the alternative to the temporary construction fencing between Phase I and Phase II Developer may elect to construct permanent fencing around all of Phase I and Phase II. EXHIBIT B - 2 d/realest/howell.exb r~ ~_~ ~c~n~ JAMES E. BRUCE, Presidenr SHERRY R. HUBER.'/ice Presidenr SUSAN S. EA.STLAKE. Secretary October 13, 1995 Gary Smith, P.E. City Engineer City of Meridian 33 East Idaho Meridian, Idaho 83642 Subject: Chamberland Estates Dear Mr. Smith: _~;- ~ , ~ ~ 1 . ~ ~~ .'' 111 - -_ ../~~ ~ ~ ,~~ .`11 ~, ~, 1 ,`. ~' ~ ,, Today I met with Jim Merkle and Rich Tomlinson of Hubble Engineering Inc. and discussed ACRD accepting maintenance of the stormwater retention facility for the subject development. If certain conditions are met by the developer, ACRD will accept heavy maintenance of the facility. Heavy maintenance will consist of periodically inspecting the facility to ensure it is functioning properly, cleaning out the facility piping and mucking out the facility when the sediment level exceeds the designed storage level. All other maintenance will be the responsibility of the homeowner's association. The following conditions must be met for ACHD to accept maintenance: The facility must have an access road along one side able to support an HS-20 truck loading. The access road shall run from Locust Grove Road to the East end of the facility. The engineer shall develop a maintenance manual for the facility outlining the maintenance responsibilities of the homeowner's association. This manual shall include a requirement for periodic weed control, keeping the area free of debris and trash and periodically inspecting for bank stability. It shall also include provisions for inspecting the fence around the facility and maintaining or replacing the fence as necessary to ensure integrity of the facility. The CCR's shall contain reference to the maintenance manual and require the homeowner's association to perform the maintenance required by the manual or ACRD will have the maintenance performed and charge the homeowner's association accordingly. ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680 • Nlr. Uary Smith, P.E. October 13, 1994 Page 2 The plat shall include an easement to the District for access and maintenance of the facility. The District will review the bonding requirements to assure the required pond modifications are covered. We can assure the rest of the requirements are met prior to signing the final plat. If you have any questions or comments, please contact me. Sincerely, ADA COUNTY HIGHWAY DISTRICT ,~~~~~ Dorrell Hansen, P.E. Staff Engineer c: Jim Merkel, P.E., Hubble Eng. L. Kent Brown, P.E. Larry Sale Errol Morgan Duane Hays Central Files Project File Chron • • DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CHAMBERLAIN ESTATES SUBDIVISION THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR Chamberlain Estates Subdivision is made effective as of the day of 1995, by Kevin Howell and Irene Howell, dba Kevin Howell Construction, (hereinafter "Grantor" or "Declarant"). ARTICLE I: RECITALS 1.1 Property Covered. The property subject to this Declaration of Covenants, Conditions and Restrictions for Chamberlain Estates Subdivision (this "Declaration") is all of that property in the City of Meridian, County of Ada, State of Idaho, which is contained in Chamberlain Estates Subdivision legally described on Exhibit A attached hereto. 1.2 Purpose of Declaration. Chamberlain Estates Subdivision is a residential development, which Grantor currently intends to develop in accordance with existing development approvals obtained from Meridian, or any other development plan(s) for which Grantor may from time to time obtain approval. The purpose of this Declaration is to set forth the basic restrictions, covenants, limitations, easements, conditions and equitable servitudes (collectively, the "Restrictions") that will apply to the entire development and use of all portions of the Property. The Restrictions are designed to preserve the Property's value, desirability and attractiveness, and to guarantee adequate maintenance of the Common Area, and the Improvements located thereon. ARTICLE II: DECLARATION Grantor hereby declares that the Property, and each lot, parcel or portion thereof, is and/or shall be held, sold, conveyed, encumbered, hypothecated, leased, used, occupied and improved subject to the following terms, covenants, conditions, easements and restrictions, all of which are declared and agreed to be in furtherance of a general plan for the protection, maintenance, subdivision, improvement and .sale of the Property, and to enhance the value, desirability and attractiveness of the Property. The terms, covenants, conditions, easements and restrictions set forth herein: shall run with the land constituting the Property, and with each estate therein, and shall be binding upon all persons having COVENANTS, CONDITIONS AND RESTRICTIONS - 1 d\realest\Chamberlain.ccr • • or acquiring any right, title or interest in the Property or any lot, parcel or portion thereof ; shall inure to the benefit of every lot, parcel or portion of the Property and any interest therein; and shall inure to the benefit of and be binding upon Grantor, Grantor's successors in interest and each grantee or Owner and such grantee's or Owner's respective successors in interest, and may be enforced by Grantor, by any owner or such Owner's successors in interest, or by the Association. Notwithstanding the foregoing, no provision of this Declaration shall be construed as to prevent or limit Grantor's right to complete development of the Property and to construct improvements thereon, nor Grantor's right to maintain model homes, construction, sales or leasing offices or similar facilities on any portion of the Property, including the Common Area or any public right-of-way, nor Grantor's right to post signs incidental to construction, sales or leasing. ARTICLE III: DEFINITIONS 3.1 "Articles" shall mean the Articles of Incorporation of the Association or other organizational or charter documents of the Association. 3.2 "Chamberlain Estates Subdivision" shall mean the Property described on Exhibit A. 3.3 "Assessments" shall mean those payments required of Owners and Association Members. 3.4 "Association" shall mean Chamberlain Estates Neighborhood Association, Inc., a nonprofit corporation organized under the laws of the State of Idaho, its successors and assigns. 3.5 "Board" shall mean the Board of Directors or other governing board or individual, if applicable, of the Association. 3.6 "Building Lot" shall mean one or more lots as specified or shown on any Plat upon which Improvements may be constructed. The term "Building Lot" shall include single-family residential lots, but shall not include the Common Area. 3.7 "Bylaws" shall mean the Bylaws of the Association. 3.8 "Common Area" shall mean any or all parcels of Chamberlain Estates Subdivision that are designated on the Plat as private streets or drives, common open space, common areas and common landscaped areas, including but not limited to the following parcels which Declarant shall deed to the Chamberlain Estates Neighborhood Association: Lot 1, Block 1; Lot 1, Block 2; Lot 1, COVENANTS, CONDITIONS AND RESTRICTIONS - 2 d\realest\Chamberlain.ccr • • Block 3; Lot 13, Block 3 (which includes a retention pond/drainage basin). 3.9 "Declaration" shall mean this Declaration as it may be amended from time to time. 3.10 "Grantor" shall mean Kevin Howell and Irene Howell, dba Kevin Howell Construction and any successor in interest, or any person or entity to whom the rights under this Declaration are expressly transferred by grantor or its successor. 3.11 "Improvement" shall mean any structure, facility or system, or other improvement or object, whether permanent or temporary, which is erected, constructed or placed upon, under or in any portion of the Property, including but not limited to buildings, fences, streets, drives, driveways, sidewalks, curbs, landscaping, signs, lights, street lights, mail boxes, electrical lines, pipes, pumps, ditches, recreational facilities, and fixtures of any kind whatsoever. 3.12 "Limited Assessment" shall particular Owner and such Owner's attributable to the Owner, equal to the equal to ten percent [10%] of the cost the Association for corrective action provisions of this Declaration. (See 9.1.1 below.) mean a charge against a Building Lot, directly cost (plus a management fee plus interest) incurred by performed pursuant to the Corrective Action, Section 3.13 "Member" shall mean each person or entity holding a membership in the Association. 3.14 "Owner" shall mean the person or other legal entity, including Grantor, holding fee simple interest of record to a Building Lot which is a part of the Property, and sellers under executory title retaining contracts of sale, but excluding those having an interest merely as security for the performance of an obligation. 3.15 "Person" shall mean any individual, partnership, corporation or other legal entity. 3.16 "Plat" shall mean any subdivision plat covering any portion of the Property as recorded at the office of the County Recorder, Ada County, Idaho, as the same may be amended by duly recorded amendments thereof. 3.17 "Property" shall mean those portions of the Property described herein including each lot, parcel and portion thereof and interest therein, including all water rights associated with or appurtenant to such property. COVENANTS, CONDITIONS AND RESTRICTIONS - 3 d\realest\Chamberlain.ccr • • 3.18 "Regular Assessment" shall mean the portion of the cost of maintaining, improving, repairing, managing and operating the Common Areas and all Improvements located thereon, and the other costs of the Association which is to be levied against the Property of and paid by each Owner to the Association, pursuant to the terms hereof or the terms of this Declaration. 3.19 "Special Assessment" shall mean the portion of the costs of the capital improvements or replacements, equipment purchases and replacements or shortages in Regular Assessments which are authorized and to be paid by each Owner to Association, pursuant to the provisions of this Declaration. ARTICLE IV: GENERAL AND SPECIFIC RESTRICTIONS Generally. All structures are to be designed, constructed and used in such a manner as to promote compatibility between the types of use contemplated by this Declaration. 4.1 Prior Plan Approval: No building, fence, wall, structure or improvement or obstruction shall be placed or permitted to remain upon any part of said properties unless a written request for approval thereof containing the plans and specifications, including exterior color scheme, has been approved by the Board or a person designated by the Board to approve same. The approval of the Board shall not be unreasonably withheld if the plans and specifications comply with these CC&R's, government ordinances, and are in general in harmony with the existing structures located in this Subdivision. 4.2 Government Rules: In the event any part of these CC&R's are less restrictive than any governmental rules, regulations or ordinances, as existing or as amended, then the more restrictive governmental rule, regulation or ordinance shall apply. Nothing contained herein shall be construed to mean that a property owner can violate any governmental rule, regulation or ordinance. 4.3 Restrictions in General. 4.3.1 Use, Size and Height of Dwelling Structure. All Building Lots shall be used exclusively for single- family residential purposes. No Building Lot shall be improved except with a single-family dwelling unit or structure. The floor area of a one-story house in this Subdivision shall not be less than 1,301 square feet on the ground floor. Two-story and tri-level homes shall not have less than 1,530 square feet. For purposes of determining square footage, eaves, steps, open porches, car ports, garages, and patios shall be excluded. No structure shall be more than two stories. Split-entry COVENANTS, CONDITIONS AND RESTRICTIONS - 4 d\realest\Chamberlain.ccr • • homes shall not be permitted. No business or home occupation shall be conducted from said dwelling unit or structure. 4.3.2 Accessory Structures. There shall be no metal storage nor wood storage attachments to any dwelling unit except as approved by the Board. Storage sheds attached to the residential structure, and patio covers, shall be constructed of, and roofed with, the same materials, and with similar colors and design, as the residential structure on the applicable Building Lot. Only one outbuilding per lot shall be allowed, and it shall be a) constructed of quality material; b) completed, finished and painted in the same general color as the main house; c) generally screened from public view; and d) approved by the board. 4.3.3 Setbacks. No building shall be located on any lot nearer than 20 feet from the front lot line and 15 feet from the rear lot line, nor nearer than 5 feet per story to any side lot line. 4.3.4 Garages. All residential dwellings shall have an attached enclosed garage which holds no less than two cars and no more than three and shall be constructed of the same materials and colors as the main building or as approved by the Board. 4.3.5 Exterior Appearance. Each house in this Subdivision shall have brick, stone, or stucco on the front exposure. As a minimum, brick, stone or stucco shall be used on full-height columns on the sides of the garage or full wainscot on the front of the house. Bay windows, broken roof lines, gables, hip roofs, etc. are strongly encouraged. No vinyl siding shall be allowed for any exterior. 4.3.6 Roofs. Roofs must be of at least 4 in 12 pitch. No gravel roofs will be allowed. All roofing materials shall be Architectural Grade composition shingles. 4.3.7 Chimneys. All chimney chases shall have metal painted chase enhancers. 4.3.8 Driveways. All Lots shall be provided with a paved driveway and a minimum of two paved off-street automobile parking spaces within the boundaries of each Lot. No driveway or parking area shall be dirt, rock, gravel or asphalt. COVENANTS, CONDITIONS AND RESTRICTIONS - 5 d\realest\Chamberlain.ccr • • 4.3.9 Colors. Exterior colors of earth tones or light blues or greys shall be encouraged for the body of the house. Bright, bold or very dark body colors shall be discouraged. Dark roof colors shall be encouraged. Approval of exterior colors must be obtained from the Board, and any changes to colors or exterior in the future must be approved by the Board. 4.3.10 Pole Lights. Each home shall have a photo- sensitive pole light installed in the front yard within five ( 5 ) f eet of the s idewa lk and f ive ( 5 ) f eet of the driveway, with a minimum bulb power of 40 watts, designed to switch on automatically at sunset and off at sunrise. Installation is the specific responsibility of the Owner. 4.3.11 Landscaping. Landscaping of front yard shall be completed within thirty (30) days of substantial completion of home. Landscaping shall include sod in the front yard and two trees of at least 2" caliper. Berms and sculptured planting areas are encouraged. Grass shall be planted in the back yard within one year of occupancy. In the event of undue hardship due to weather conditions, this provision may be extended for a reasonable length of time upon written approval of the Board. 4.3.12 Fences. a) Subdivision Perimeter Fences. Grantor shall construct a perimeter fence around the exterior of this subdivision property. After Grantor has transferred title to any lot which contains a portion of this perimeter fence it shall be the responsibility of the owner of the lot to maintain, repair and/or replace as needed that portion of the perimeter fence located on that owner's lot. Said maintenance, repairs and/or replacement shall be performed so as to keep the perimeter fencing uniform, attractive and harmonious. b) Other Owner Fences. Other fences by Lot Owners are not required. If a fence is desired, plans for it shall be approved by the Board prior to construction. Fences shall be of good quality and workmanship and shall be properly finished and maintained. Fences may be built of wood, such as a 6-foot, dog-eared cedar. Chain link fences are not allowed except along ditches or retention pond areas. Fences shall not be built closer to the front of the lot than even with the front corner of the house, nor within 20 feet of any street rights of way. COVENANTS, CONDITIONS AND RESTRICTIONS - 6 d\realest\Chamberlain.ccr • c) Retention Pond Fence. The fence around the retention pond/drainage basin contained in that common area lot (Lot 13, Block 1) shall be maintained by the Association. 4.3.13 Construction Time. Once construction has begun, completion of each building or other improvement shall be diligently pursued and completed within 12 months. 4.3.14 Construction on Premises. No pre-existing dwelling or pre-fabricated dwelling shall be moved onto any lot. All dwellings in this Subdivision must be constructed on the lot. 4.3.15 Sewer Locations, Hook-ups. All bathroom, sink and toilet facilities shall be located inside the dwelling, and connected by underground pipe to lot line sewer. All connection and sewer charges are the responsibility of the owner of each lot at the time of connection. 4.3.16 Antennae. No exterior radio antenna, television antenna, satellite dish antenna or other antenna of any type shall be erected or maintained on the Property unless it is located or screened in a manner acceptable to the Board. 4.3.17 No Further Subdivision. No Building Lot may be further subdivided, nor may any easement or other interest therein less than the whole be conveyed by the Owner thereof without the prior written approval of the Board; provided, however, that nothing in this section shall be deemed to prevent an Owner from, or require the approval of the Board for, transferring or selling any Building Lot to more than one person to be held by them as tenants-in-common, joint tenants, tenants by the entirety or as community property. 4.3.18 Nuisances. No rubbish or debris of any kind shall be placed or permitted to accumulate anywhere upon the Property, including Common Area or vacant Building Lots, and no odor shall be permitted to arise therefrom so as to render the Property or any portion thereof unsanitary, unsightly, offensive or detrimental to the Property or to its occupants, or to any other property in the vicinity thereof or to its occupants. No noise or other nuisance, as described in Meridian City Ordinances, as amended from time to time, shall be permitted to exist or operate upon any portion of the Property so as to be offensive or detrimental to the Property or to its COVENANTS, CONDITIONS AND RESTRICTIONS - 7 d\realest\Chamberlain.ccr • occupants or to other property in the vicinity or to its occupants. No Owner shall permit any party or other activity in the Common Area or such Owner's dwelling unit which makes or causes to make noises which might tend to unreasonably interfere with the peace and quiet of the other Owners or occupants. No radio or other sound system shall be operated on the Property except at a low sound level. No offensive noise, language or behavior is allowed. The use of fireworks, firecrackers and any type of firearms on the Property is strictly prohibited and is subject to formal complaint to the Police Department. 4.3.19 Exterior Maintenance; Owner's Obligations. No Improvement shall be permitted to fall into disrepair, and each Improvement shall at all times be kept in good condition and repair. In the event that any Owner shall permit any Improvement, including trees, landscaping or that lot's portion of the perimeter fence (if applicable), which is the responsibility of such Owner to maintain, to fall into disrepair so as to create a dangerous, unsafe, unsightly or unattractive condition, or damages property or facilities on or adjoining their Building Lot, the Board upon fifteen (15) days prior written notice to the Owner of such property, shall have the right to correct such condition, and to enter upon such Owner's Building Lot for the purpose of doing so, and such Owner shall promptly reimburse the Association, as the case may be, for the cost thereof plus a management fee equal to ten percent (l0%) of the costs, plus interest. 4.3.20 No Hazardous Activities. No activities shall be conducted on the Property, and no Improvements constructed on any property which are or might be unsafe or hazardous to any person or property. 4.3.21 Unsightly Articles. No unsightly articles shall be permitted to remain on any Building Lot so as to be visible from any other portion of the Property. Without limiting the generality of the foregoing, refuse, garbage and trash shall be kept at all times in such containers and in areas approved by the Board of Directors. No clothing or fabrics shall be hung, dried or aired in such a way as to be visible to other property, and no equipment, heat pumps, compressors, containers, lumber, firewood, grass, shrub or tree clippings, plant waste, metals, bulk material, scrap, refuse or trash shall be kept, stored or allowed to accumulate on any Building Lot except within an enclosed structure or as appropriately screened from view. No COVENANTS, CONDITIONS AND RESTRICTIONS - 8 d\realest\Chamberlain.ccr • • vacant residential structures shall be used for the storage of building materials. 4.3.22 No Temt~orary Structures. No house trailer, mobile home, tent, shack or other temporary building, improvement or structure shall be placed upon any portion of the Property or the streets in the property, except temporarily as may be required by construction activity undertaken on the Property. 4.3.23 No Unscreened Boats, Campers and Other Vehicles. No boats, trailers, campers, all-terrain vehicles, motorcycles, recreational vehicles, bicycles, dilapidated or unrepaired and unsightly vehicles or similar equipment shall be placed upon any portion of the Property (including, without limitation, streets, parking areas and driveways) unless the same are enclosed by a structure concealing them from view in a manner approved by the Board. To the extent possible, garage doors shall remain closed at all times. Removal of Vehicles; Warninct. The Board may remove any vehicles in violation of this section at any time after giving the owner three (3) business days written notice of its intent to do so. For any such vehicles removed, the Owner shall reimburse the Board, as a limited assessment, the costs thereof plus a management fee equal to ten percent (10%) of the costs. 4.3.24 Animals/Pets. No animals, birds, insects, pigeons, poultry or livestock shall be kept on the Property unless the presence of such creatures does not constitute a nuisance. Chronic dog barking shall be considered a nuisance. This paragraph does not apply to the keeping of up to two (2) domesticated dogs, up to two (2) domesticated cats, or other household pets which do not unreasonably bother or constitute a nuisance to others . All dogs must be leashed when outside a dwelling unit (or the lot's enclosed fences), shall not be kenneled outside of a dwelling unit, and shall not be allowed in the Common Area. The construction of dog runs or other pet enclosures shall be subject to Architectural committee approval, and shall be maintained in a sanitary condition and properly screened. 4.3.25 Si ns. No sign of any kind shall be displayed to the public view without the approval of the Board of Directors except: (1) such signs as may be used by Grantor in connection with the development of the Property and sale of Building Lots; (2) such signs identifying the development, or informational signs, of COVENANTS, CONDITIONS AND RESTRICTIONS - 9 d\realest\Chamberlain.ccr • customary and reasonable dimensions as prescribed by the Board of Directors may be displayed on or from the Common Area; (3) one (1) sign of customary and reasonable dimensions as prescribed by the Board of Directors as may be displayed by an Owner other than Grantor on or from a Building Lot advertising the residence for sale or lease; and (4) any sign required by the governing authorities. A customary "for sale" or "for lease" sign not more than three (3) feet by two (2) feet shall not require Architectural Committee approval. No sign naming the contractor, the architect, and/or the lending institution for a particular construction operation shall be displayed to the public view without the approval of the Grantor and the applicable Board of Directors. Without limiting the foregoing, no sign shall be placed in the Common Area without the written approval of the Board of Directors. 4.3.26 Irriaation; Maintenance of Irrigation Pipe of Ditch. Irrigation water, when available, will be supplied through Nampa-Meridian Irrigation District via a pressurized water system. Each lot shall be subject to any License Agreements with Nampa-Meridian Irrigation Districts affecting the property. In the event of any conflict between the terms of these CC&R's and any License Agreements with Nampa-Meridian Irrigation District, the License Agreement shall control. Each Owner shall pay its Nampa-Meridian Irrigation District water assessments as assessed by that Irrigation District. Each lot shall be subject to said assessments. In the event that the irrigation water system is not maintained by Nampa-Meridian Irrigation District, then any ditch, irrigation system, or irrigation pipe which lies within any Owner's property shall be maintained by the Owner of that property, but such maintenance shall be limited to the pipe or ditch inside the Owner's property. 4.3.27 ACHD Drainage Easement Area: No buildings, fences, trees or shrubs shall be allowed within any areas of the plat designated as a drainage easement or retention pond area which would interfere with the normal access, use and maintenance of the drainage easement or retention pond by ACHD. 4.4 Additional Easements. In addition to the easements shown on the recorded plat, an easement is further reserved and each Lot shall be subject to an easement five (5) feet on each side of all other lot lines for installation and maintenance of utilities, irrigation and drainage. COVENANTS, CONDITIONS AND RESTRICTIONS - 10 d\realest\Chamberlain.ccr • • 4.5 Exemption of Grantor. Nothing contained herein shall limit the right of Grantor to subdivide or resubdivide any portion of the Property, to grant licenses, to reserve rights-of-way and easements with respect to Common Area to utility companies, public agencies or others, or to complete excavation, grading and construction of Improvements to and on any portion of the Property owned by Grantor, or to alter the foregoing and its construction plans and designs, or to construct such additional Improvements as Grantor deems advisable in the course of development of the Property so long as any Building Lot in the Property remains unsold. Such right shall include, but shall not be limited to, erecting, constructing and maintaining on the Property such structures and displays as may be reasonably necessary for the conduct of Grantor's business of completing the work and disposing of the same by sales lease or otherwise. Grantor shall have the right at any time prior to acquisition of title to a Building Lot by a purchaser from Grantor to grant, establish and/or reserve on that Building Lot additional licenses, reservations and rights-of-way to Grantor, to utility companies, or to others as may from time to time be reasonably necessary to the proper development and disposal of the Property. Grantor may use any structures owned by Grantor on the Property as model home complexes or real estate sales or leasing offices. The rights of Grantor hereunder may be assigned by Grantor to any successor in interest in connection with Grantor's interest in any portion of the Property, by an express written assignment recorded in the Office of the Ada County Recorder. 4.6 Water; Water Rights; Retention Pond; Drainage Basin. Each party accepting and recording a deed to any property in this Subdivision or occupying any property in this Subdivision acknowledges and understands and agrees to the following: a) that such property is in an irrigation district, including but not limited to Nampa-Meridian Irrigation District; b) that the water in said district has not been transferred from this property; c) that each Owner of any Lot is subject to all assessments levied by any irrigation district; d) that each Lot Owner shall be responsible to pay any levies of the irrigation entity attributable to that Lot; e) that these assessments are a lien upon the Lot. Each owner or occupant of any Lot in Chamberlain Estates Subdivision specifically releases and waives any and all claims of any kind against Declarant, its agents, employees, officers and Directors relating to water rights from irrigation entities in Chamberlain Estates Subdivision. 4.6.1 Irriaation Rotation: The Association Board shall make such lists of times each lot is entitled to use the irrigation water from the irrigation system, as is necessary, to create an equitable rotation of irrigation times between lot owners and to maximize the COVENANTS, CONDITIONS AND RESTRICTIONS - 11 d\realest\Chamberlain.ccr • • water and pressure of the system. The Association shall distribute this list to each lot owner. Each lot shall abide by such rotation times. Until such a rotation list is created each Lot Owner with an even numbered address shall irrigate only on even numbered days and Lot Owners with an odd numbered address shall irrigate only on odd numbered days. 4.6.2 Retention Pond/Drainage Basin. Lot 13 Block 3 Chamberlain Estates Subdivision shall be common area but shall be used primarily for a retention pond/drainage basin which shall be maintained as follows: 4.6.2.1 "Heavy" Maintenance of Retention Pond. Heavy maintenance consists of periodically inspecting the retention pond facilty to ensure it is functioning properly; cleaning out the facility piping and mucking out the facility when the sediment level exceeds the designed storage level. All other maintenance shall be referred to herein as "light" maintenance. Ada County Highway District (ACRD) has opted to perform this "heavy" maintenance and shall be allowed by the Owners and the Association to perform this maintenance work. In the event ACHD shall decide not to do such "heavy" maintenance, then the Association shall do so. 4.6.2.2 Easement to ACHD for Heavy Maintenance. ACRD is hereby granted an easement along the South side of Lot 13, Block 3 of Chamberlain Estates Subdivision from Locust Grove Road to the East end of this lot for purposes of access to perform this heavy maintenance and said easement area shall support an HS-20 truck loading. An easement is granted over the entire lot as needed for maintenance of the retention pond by ACRD. 4.6.2.3 "Light" Maintenance of Lot 13, Block 3 Chamberlain Estates Subdivision. The Association shall provide all "light" maintenance of Lot 13 and the retention pond pursuant to that "Manual for Light Maintenance" which is attached hereto as Exhibit B and incorporated herein by reference. COVENANTS, CONDITIONS AND RESTRICTIONS - 12 d\realest\Chamberlain.ccr • 4.6.2.4. Association Failure to Maintain• ACHD Remedies. In the event that ACHD determines, in its sole discretion, that the Association is not adequately maintaining the retention pond/drainage basin then ACHD shall, before undertaking maintenance of said common area, provide written notice of its intention to begin maintenance within a thirty (30) day period, within which time frame the Association may undertake to initiate and conclude all maintenance defects as identified by ACRD. In the event that the Association shall fail to commence and conclude maintenance of the retention pond/drainage basin to the extent said items of specific maintenance are identified by ACRD within the prescribed thirty (30) days, then in that event, ACHD may begin to undertake such maintenance. ACHD is hereby granted an irrevocable license and easement to enter upon any portion of the common area to perform such inspection and maintenance of the retention pond/drainage basin. Should ACRD engage in maintenance of the defined common area or facility after having provided notice to the Association and having provided the Association an opportunity to undertake said maintenance, ACHD shall first bill the Association and if such bill shall not be paid within sixty (60) days, then ACRD shall be entitled to and empowered to file a taxable lien against all lots within Chamberlain Estates Subdivision with power of sale as to each and every lot in order to secure payment of any and all assessments levied against all lots in these Subdivisions pursuant to the Master Declaration as if said had been performed by the Association, together with interest at the rate which accrues on judgments thereon and all costs of collection which may be paid or incurred by ACHD. The Association shall not be dissolved or relieved of its responsibility to maintain the defined common area and facilities contained therein without the prior written approval from ACRD. COVENANTS, CONDITIONS AND RESTRICTIONS - 13 d\realest\Chamberlain.ccr • • The Association and all Lot Owners by accepting title to a Lot agree that all Lot Owners within these Subdivisions are benefitted property owners of such maintenance. 4.7 Laws; Ordinances. These CC&R's are subject to all rules, regulations, laws and ordinances of all applicable governmental bodies. In the event a governmental rule, regulation, law or ordinance is more restrictive than these CC&R's, then in such event these CC&R's shall be deemed to be amended to comply with the applicable rule, regulation, law or ordinance. ARTICLE V: CHAMBERLAIN ESTATES NEIGHBORHOOD ASSOCIATION, INC. 5.1 Organization of Chamberlain Estates Neighborhood Association. Inc.. Chamberlain Estates Neighborhood Association, Inc. (the "Association") shall be initially organized by Grantor as an Idaho non-profit corporation under the provisions of the Idaho Code relating to general non-profit corporations and shall be charged with the duties and invested with the powers prescribed by law and set forth in the Articles, Bylaws and this Declaration. Neither the Articles nor the Bylaws shall be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration. 5.2 Membership. Each Owner, by virtue of being an Owner and for so long as such ownership is maintained, shall be a Member of the Association. The memberships in the Association shall not be transferred, pledged, assigned or alienated in any way except upon the transfer of Owner's title and then only to the transferee of such title. Any attempt to make a prohibited membership transfer shall be .void and will not be reflected on the books of the Association. 5.3 Votina. Voting in the Association shall be carried out by Members who shall cast the votes attributable to the Building Lots which they own, or attributable to the Building Lots owned by Grantor. The number of votes any Member may cast on any issue is determined by the number of Building Lots which the Member, including Grantor, owns. When more than one person holds an interest in any Building Lot, all such persons shall be Members but shall share the votes attributable to the Building Lot. For voting purposes, the Association shall have two (2) classes of Members as described below: 5.3.1 Class A Members. Owners other than Grantor shall be known as Class A Members. Each Class A Member shall be entitled to cast one (1) vote for each Building COVENANTS, CONDITIONS AND RESTRICTIONS - 14 d\realest\Chamberlain.ccr • • Lot owned by such Class A Member(s) on the day of the vote. One lot, one vote. 5.3.2 Class B Members. The Grantor shall be known as the Class B Member, and shall be entitled to three (3) votes for each Building Lot of which Grantor is the Owner. The Class B Member shall cease to be a voting Member in the Association on the happening of either of the following events, whichever occurs earlier: (a) when eighty-five (85%) percent of the Building Lots have been sold to Owners other than Grantor; or (b) on December 31, 1999. Fractional votes shall not be allowed. In the event that joint Owners are unable to agree among themselves as to how their vote or votes shall be cast, they shall lose their right to vote on the matter being put to a vote. When an Owner casts a vote, it will thereafter be presumed conclusively for all purposes that such Owner was acting with authority and consent of all joint Owners of the Building Lot(s) from which the vote derived. The right to vote may not be severed or separated from the ownership of the Building Lot to which it is appurtenant, except that any Owner may give a revocable proxy, or may assign such Owner's right to vote to a lessee, mortgagee, beneficiary or contract purchaser of the Building Lot concerned, for the term of the lease, mortgage, deed of trust or contract. Any sale, transfer or conveyance of such Building Lot to a new Owner shall operate automatically to transfer the appurtenant voting right to the Owner, subject to any assignment of the right to vote to a lessee, mortgagee, or beneficiary as provided herein. 5.4 Board of Directors and Officers. The affairs of the Association shall be conducted and managed by a Board of Directors ("Board") and such officers as the Board may elect or appoint, in accordance with the Articles and Bylaws, as the same may be amended from time to time. The Board of the Association shall be elected in accordance with the provisions set forth in the Association Bylaws. 5.5 Power and Duties of the Association. 5.5.1 Powers. The Association shall have all the powers of a corporation organized under the general corporation laws of the State of Idaho subject only to such limitations upon the exercise of such powers as are expressly set forth in the Articles, the Bylaws, and this Declaration. The Association shall have the power to do COVENANTS, CONDITIONS AND RESTRICTIONS - 15 d\realest\Chamberlain.ccr • any and all lawful things which may be authorized, required or permitted to be done by the Association under Idaho law and under this Declaration, and the Articles and Bylaws, and to do and perform any and all acts which may be necessary to, proper for, or incidental to the proper management and operation of the Common Area and the Association's other assets, including water rights when and if received from Grantor, and affairs and the performance of the other responsibilities herein assigned, including without limitation: 5.5.1.1 Assessments. The power to levy Assessments on any Owner or any portion of the Property and to force payment of such Assessments, all in accordance with the provisions of this Declaration. 5.5.1.2 Right of Enforcement. The power and authority from time to time in its own name, on its own behalf, or on behalf of any Owner who consents thereto, to commence and maintain actions and suits to restrain and enjoin any breach or threatened breach of this Declaration or the Articles or the Bylaws. 5.5.1.3 Emergency Powers. The power, exercised by the Association or by any person authorized by it, to enter upon any property (but not inside any building constructed thereon) in the event of any emergency involving illness or potential danger to life or property or when necessary in connection with any maintenance or construction for which the Association is responsible. Such entry shall be made with as little inconvenience to the Owner as practicable, and any damage caused thereby shall be repaired by the Association. 5.5.1.4 Licenses, Easements and Rights-of-Way. The power to grant and convey to any third party such licenses, easements and rights-of-way in, on or under the Common Area or any additional easement areas of any Lots as may be necessary or appropriate for the orderly maintenance, preservation and enjoyment of the Common COVENANTS, CONDITIONS AND RESTRICTIONS - 16 d\realest\Chamberlain.ccr • Area, and for the preservation of the health, safety, convenience and the welfare of the Owners, for the purpose of constructing, erecting, operating or maintaining: 5.5.1.4.1 Underground lines, cables, wires, conduits or other devices for the transmission of electricity or electronic signals-for lighting, heating, power, telephone, television or other purposes, and the above ground lighting stanchions, meters, and other facilities associated with the provisions of lighting and services; and 5.5.1.4.2 Public sewers, storm drains, water drains and pipes, water supply systems, sprinkling systems, heating and gas lines or pipes, and any similar public or quasi-public improvements or facilities. 5.5.1.4.3 Mailboxes and sidewalk abutments around such mailboxes or any service facility, berm, fencing and landscaping abutting common areas, public and private streets or land conveyed for any public or quasi-public purpose. The right to grant such licenses, easements and rights-of-way are hereby expressly reserved to the Association and may be granted at any time prior to twenty-one (21) years from the date of recording of these CC&R's. 5.5.2 Duties. In addition to duties necessary and proper to carry out the power delegated to the Association by this Declaration, and the Articles and Bylaws, without limiting the generality thereof, the Association or its agent, if any, shall have the authority to perform, without limitation, each of the following duties: 5.5.2.1 Operation and Maintenance of Common Area. Operate, maintain, and otherwise manage or provide for the operation, maintenance and management of the Common Area. COVENANTS, CONDITIONS AND RESTRICTIONS - 17 d\realest\Chamberlain.ccr • 5.5.2.2 Maintenance of Berms, Retaining Walls Fences Common Irrigation System and Retention Pond/Drainage Basin. Maintain any and all berms, retaining walls, fences, common irrigation systems and retention ponds/drainage basins within and abutting the Common Area. 5.5.2.3 Taxes and Assessments. Pay all real and personal property taxes and Assessments separately levied against the Common Area or against the Association and/or any other property owned by the Association. Such taxes and Assessments may be contested or compromised by the Association, provided, however, that such taxes and Assessments are paid or a bond insuring payment is posted prior to the sale or disposition of any property to satisfy the payment of such taxes and Assessments. In addition, the Association shall pay all other federal, state or local taxes, including income or corporate taxes levied against the Association, in the event that the Association is denied the status of a tax exempt corporation. 5.5.2.4 Water and Other Utilities. Acquire, provide and/or pay for water, operations costs, landscaping replacements, maintenance and other necessary services for the Common Area . 5.5.2.5 Insurance. Obtain insurance from reputable insurance companies authorized to do business in the State of Idaho, and maintain in effect any insurance policy the Board deems necessary or advisable, including, without limitation the following policies of insurance: 5.5.2.5.1 Comprehensive public liability insurance insuring the Board, the Association, the Grantor and the individual grantees and agents and employees of each of the foregoing against any liability incident to the ownership and/or use of the Common Area. COVENANTS, CONDITIONS AND RESTRICTIONS - 18 d\realest\Chamberlain.ccr • • 5.5.2.5.2 Full coverage directors' and officers' liability insurance. 5.5.2.5.3 Such other insurance, including motor vehicle insurance and Workmen's Compensation insurance, to the extent necessary to comply with all applicable laws and indemnity, faithful performance, fidelity and other bonds as the Board shall deem necessary or required to carry out the Association functions or to insure the Association against any loss from malfeasance or dishonesty of any employee or other person charged with the management or possession of any Association funds or other property. 5.5.2.5.4 The Association shall be deemed trustee of the interests of all Owners in connection with any insurance proceeds paid to the Association under such policies, and shall have full power to receive such Owner's interests in such proceeds and to deal therewith. 5.5.2.5.5 Insurance premiums for the above insurance coverage shall be deemed a common expense to be included in the Regular Assessments levied by the Association. 5.5.2.6 Enforcement of Restrictions and Rules. Perform such other acts, whether or not expressly authorized by this Declaration, as may be reasonably advisable or necessary to enforce any of the provisions of the Declaration, or of the Articles or Bylaws, including, without limitation, the recordation of any claim of lien with the Ada County Recorder, as more fully provided herein. 5.6 Personal Liability. No Member of the Board, or member of any committee of the Association, or any officer of the Association, or the Grantor shall be personally liable to any Owner, or to any other party, including the Association, for any damage, loss or prejudice suffered or claimed on the account of any act, omission, error or negligence of the Association, the Board, or any other representative or employee of the Association, the Grantor, or any committee, or any officer of the Association, or COVENANTS, CONDITIONS AND RESTRICTIONS - 19 d\realest\Chamberlain.ccr • • the Grantor, provided that such person, upon the basis of such information as may be possessed by such person, has acted in good faith without willful or intentional misconduct. 5.7 Budgets and Financial Statements. Financial statements for the Association shall be prepared regularly and copies shall be distributed to each Member of the Association as follows: 5.7.1 Operating Statement. A pro forma operating statement or budget, for each fiscal year shall be distributed not less than sixty (60) days before the beginning of each fiscal year. The operating statement shall include a schedule of Assessments received and receivable, identified by the Building Lot number and the name of the person or entity assigned. 5.7.2 Balance Sheet. Within thirty (30) days after the close of each fiscal year, the Association shall cause to be prepared and delivered to each Owner, a balance sheet as of the last day of the Association's fiscal year and annual operating statements reflecting the income and expenditures of the Association for its last fiscal year. Copies of the balance sheet and operating statement shall be distributed to each Member within ninety (90) days after the end of each fiscal year. 5.8 Meetings of Association. Each year the Association shall hold at least one meeting of the Members, according to the schedule for such meetings established by the Bylaws; provided, that such meeting shall occur no earlier than April 15 and no later than May 31 each year. Only Members shall be entitled to attend Association meetings, and all other persons may be excluded. Notice for all Association meetings, regular or special, shall be given by regular mail to all Members, and any person in possession of a Building Lot, not less than ten (10) days nor more than thirty (30) days before the meeting and shall set forth the place, date and hour of the meeting and the nature of the business to be conducted. All meetings shall be held within the Property or as close thereto as practical at a reasonable place selected by the Board. The presence at any meeting in person of the Class B Member where there is such a Member, and of the Class A Members representing Owners holding at least thirty percent (30%) of the total votes of all Class A Members, shall constitute a quorum. If any meeting cannot be held because a quorum is not present, the Members present may adjourn the meeting to a time not less than ten (10) days nor more than thirty (30) days from the time the original meeting was scheduled. A second meeting may be called as the result of such an adjournment, provided notice is given as provided COVENANTS, CONDITIONS AND RESTRICTIONS - 20 d\realest\Chambertain.ccr • • above. At any such meeting properly called, the presence of any Member shall constitute a quorum. ARTICLE VI: ARCHITECTURAL CONTROL No building, structure, fence, wall, hedge, landscaping, painting, ornament, obstruction, berm, driveway, or Improvement shall be placed on, under, over or across any part of the Property unless a written request (given to one of the Board) for approval thereof containing the plans and specifications therefor, including exterior color scheme, if applicable, has been approved, in writing, by the Board of Directors of the Association. The initial Board of Directors and their addresses is as follows: Kevin Nowell, 3451 E. 52nd Lane, Boise, ID 83703; Donald Minegar, 6933 E. Emerald, Boise, ID 83704; and Chuck Rosco, 6933 E. Emerald, Boise, ID 83704. In the event the Board fails to approve or disapprove such request within thirty (30) days after such request has been submitted in writing, approval shall not be required as provided in this Article and this Article will be deemed to have been complied with. ARTICLE VII: RIGHTS TO COMMON AREAS 7.1 Use of Common Area. Every Owner shall have a right to use each parcel of the Common Area, which shall be owned by the Association, subject to the following provisions: 7.1.1 The right of the Association holding or controlling the Common Area to levy and increase Assessments; 7.1.2 The right of the Association to suspend the voting rights and rights to use of, except for ingress and egress to such Owner's Building Lot, or interest in, Common Area by an Owner for any period during which any Assessment or charge against such Owner's Building Lot remains unpaid; and 7.1.3 The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility for such purposes and subject to such conditions as may be permitted by the Articles and Bylaws and agreed to by the Members. No dedication or transfer of said Common Area shall be effective unless an instrument agreeing to such dedication or transfer signed by Members representing two-thirds (2/3) of each class of Members has been recorded and the Grantee has agreed in writing to accept such transfer. COVENANTS, CONDITIONS AND RESTRICTIONS - 21 d\realest\Chamberlain.ccr 7.1.4 The right of the Association to prohibit the construction of structures or Improvements on the Common Area. 7.1.5 The right of the Association to publish reasonable rules and regulations governing the use of the Common Area. 7.2 Damages. Each Owner shall be fully liable for any damage to any Common Area which may be sustained by reason of the negligence or willful misconduct of the Owner, such Owner's resident tenant or contract purchaser, or such Owner's family and guests, both minor and adult. In the case of joint ownership of a Building Lot, the liability of such Owners shall be joint and several. The cost of correcting such damage shall be a Limited Assessment against the Building Lot and may be collected as provided herein for the collection of other Assessments. No Owner shall be liable for any amounts greater than is legally allowable under Idaho law. ARTICLE VIII: ASSESSMENTS 8.1 Covenant to Pay Assessments. By acceptance of a deed to any property in Chamberlain Estates Subdivision each Owner of such property hereby covenants and agrees to pay when due all Assessments or charges made by the Association, including all Regular, Special and Limited Assessments and charges made against such Owner pursuant to the provisions of this Declaration or other applicable instrument. 8.1.1 Assessment Constitutes Lien. Such Assessments and charges together with interest, costs and reasonable attorneys' fees which may be incurred in collecting the same, shall be a charge on the land and shall be a continuing lien upon the property against which each such Assessment or charge is made. 8.1.2 Assessment is Personal Obligation. Each such Assessment, together with interest, costs and reasonably attorneys' fees, shall also be the personal obligation of the Owner of such property beginning with the time when the Assessment falls due. The personal obligation for delinquent Assessments shall not pass to such Owner's successors in title unless expressly assumed by them but shall remain such Owner's personal obligation regardless of whether he remains an Owner. 8.2 Reaular Assessments. All Owners, including Grantor, are obligated to pay Regular Assessments to the treasurer of the Association on a schedule of payments established by the Board. COVENANTS, CONDITIONS AND RESTRICTIONS - 22 d\realest\Chamberlain.ccr • 8.2.1 Purpose of Regular Assessments. The proceeds from Regular Assessments are to be used to pay for all costs and expenses incurred by the Association, including legal, attorneys fees, accounting fees, management fees and other professional fees, for the conduct of its affairs, including without limitation the costs and expenses of construction, improvement, protection, maintenance, repair, management and operation of the Common Area, including all Improvements located on such areas owned and/or managed and maintained by the Association, and an amount allocated to an adequate reserve fund to be established by the Board and to be used for repairs, replacement, maintenance and improvement of those elements of the Common Area, or other property of the Association that must be replaced and maintained on a regular basis (collectively "Expenses"). 8.2.2 Computation of Regular Assessments. The Association shall compute the amount of its Expenses on an annual calendar basis. The Board shall compute the amount of Regular Assessments owed beginning the date the first lot transfer is recorded. Thereafter, the computation of Regular Assessments shall take place not less than thirty (30) nor more than sixty (60) days before the beginning of each calendar year of an Association. The computation of the Regular Assessment for the period from the Initiation Date until the beginning of the next calendar year shall be reduced by an amount which fairly reflects the fact that such period was less than one year. 8.2.3 Amounts Paid by Owners. The Board can require, in its discretion or as provided in the Articles or Bylaws, payment of Regular Assessments in monthly, quarterly, semi-annual or annual installments. The Regular Assessment to be paid by any particular Owner, including Grantor, for any given fiscal year shall be computed by dividing the Association's total advance estimate of Expenses by the total number of Building Lots in the Property (i.e, each Owner of a Building Lot shall pay an equal share of Regular Assessments). 8.3 Special Assessments. 8.3.1 $25.00 Special Transfer Assessment. Upon each transfer of a Building Lot to a new Owner the Seller of that lot (including Grantor when Grantor initially transfers a Building Lot) shall pay a special COVENANTS, CONDITIONS AND RESTRICTIONS - 23 d\realest\Chamberlain.ccr • • assessment of $25.00 to the Association which $25.00 shall go into the Association's general funds. 8.3.2 Purpose and Procedure. In the event that the Board shall determine that its respective Regular Assessment for a given calendar year is or will be inadequate to meet the Expenses of the Association for any reason, including but not limited to costs of construction, reconstruction, unexpected repairs or replacement of capital improvements upon the Common Area, attorney's fees and/or litigation costs, other professional fees, or for any other reason, the Board thereof shall determine the approximate amount necessary to defray such Expenses and levy a Special Assessment against the portions of the Property within its jurisdiction which shall be computed in the same manner as Regular Assessments. No Special Assessment shall be levied which exceeds twenty-five percent (25%) of the budgeted gross Expenses of the Association for that fiscal year, without the vote or written assent of the Owners representing a majority of the votes of the Members of the Association. The Board shall, in its discretion, determine the schedule under which such Special Assessment will be paid. 8.3.3 Consistent Basis of Assessment. Every Special Assessment levied by and for the Association shall be levied and paid upon the same basis as that prescribed for the levying and payment of Regular Assessments for such Association. 8.4 Limited Assessments. Notwithstanding the above provisions with respect to Regular and Special Assessments, the Board may levy a Limited Assessment against a Member as a remedy to reimburse the Association for costs incurred in bringing the Member and/or such Member's Building Lot into compliance with the provisions of the governing instruments for Chamberlain Estates Subdivision together with the 10% management fee and interest. 8.5 Uniform Rate of Assessment. Unless otherwise specifically provided herein, Regular and Special Assessments shall be fixed at a uniform rate per Building Lot for all Members of the Association. 8.6 Assessment Period. Unless otherwise provided in the Articles or Bylaws, the Assessment period shall commence on January 1 of each year and terminate December 31 of the year in which the Initiation Date occurs. The first Assessment shall be pro-rated according to the number of months remaining in the fiscal year and shall be payable monthly installments as set by the Board. COVENANTS, CONDITIONS AND RESTRICTIONS - 24 d\realest\Chamberlain.ccr • 8.7 Notice and Assessment Due Date. Ten (10) days prior written notice of Regular and Special Assessments shall be sent to the Owner of every Building Lot subject thereto, and to any person in possession of such Building Lot. The due dates for installment payment of Regular Assessments and Special Assessments shall be the first day of each month unless some other due date is established by the Board. Each monthly installment of the Regular Assessment or Special Assessment shall become delinquent if not paid within ten (10) days after the levy thereof. There shall accrue with each delinquent installment payment a late charge equal to five percent (5%) of the delinquent installment. In addition, each installment payment which is delinquent for more than twenty (20) days shall accrue interest at ten percent (l0%) per annum calculated the date of delinquency to and including the date full payment is received by the Association. The Association may bring an action against the delinquent Owner and may foreclose the lien against such Owner's Building Lot as more fully provided herein. Each Owner is personally liable for Assessments, together with all interest, costs and attorneys' fees, and no Owner may exempt such Owner from such liability by a waiver of the use and enjoyment of the Common Area, or by lease or abandonment of such Owner's Building Lot. 8.8 Estoppel Certificate. The Association, upon at least twenty (20) days prior written request, shall execute, acknowledge and deliver to the party making such request, a statement in writing stating whether or not, to the knowledge of the Association, a particular Building Lot Owner is in default under the provisions of this Declaration, and further stating the dates to which any Assessments have been paid by the Owner. Any such certificate delivered pursuant to this paragraph 8.8 may be relied upon by any prospective purchaser or mortgagee of the Owner's Building Lot. Reliance on such Certificate may not extend to any default as to which the signor shall have had no actual knowledge. ARTICLE IX: ENFORCEMENT OF ASSESSMENTS; LIENS 9.1 Right to Enforce. The Association has the right to collect and enforce its Assessments pursuant to the provisions hereof. Each Owner of a Building Lot, upon becoming an Owner of such Building Lot, shall be deemed to covenant and agree to comply with the terms, covenants, conditions and restrictions contained herein and to pay each and every Assessment provided for in this Declaration and agrees to the enforcement of all Assessments in the manner herein specified and/or by law. In the event an attorney or attorneys are employed for the collection of any Assessment, whether by suit or otherwise, or to enforce compliance with or specific performance of the terms and conditions of this Declaration, each Owner agrees to pay reasonable attorney's fees in addition to any other relief or remedy against such Owner. The Board or its authorized representative may enforce the obligations COVENANTS, CONDITIONS AND RES'T'RICTIONS - 25 d\realest\Chamberlain.ccr • of the Owners to pay such Assessments by commencement and maintenance of a suit at law or in equity, or the Board may exercise the power of foreclosure and sale pursuant to paragraph 9.3 to enforce the liens created hereby. A suit to recover a money judgment for an unpaid Assessment shall be maintainable without foreclosing or waiving the lien hereinafter provided. 9.1.1 Corrective Action. In the event an Owner fails to comply with any provisions hereunder, the Board shall have authority to take appropriate corrective action against said Owner whether an action at law or equity or expenditures of funds. Each Owner who is the subject of such corrective action shall pay all the costs of said corrective action, plus interest on all expended funds from the date of expenditure, plus a management fee equal to ten percent (10%) of all the costs expended for the corrective action. Such shall be a Limited Assessment against that Lot and that Lot Owner and shall create a lien enforceable in the same manner as other assessments set forth in these CC&R's. The Owner of the offending property shall also be personally liable and such Owner's property may be subject to a mechanic's lien for all costs, management fees and expenses incurred by the Association in taking such corrective action, plus all costs incurred in collecting the amounts due including attorney fees, recording fees and costs. 9.1.2 Interest on Past Due Assessments. All assessments not paid when due shall bear interest at twelve percent (12~) per annum until paid. 9.2 Assessment Liens. 9.2.1 Creation. There is hereby created a claim of lien with power of sale on each and every Building Lot to secure payment of any and all Assessments levied against such Building Lot pursuant to this Declaration together with interest thereon at the maximum rate permitted by law and all costs of collection which may be paid or incurred by the Association making the Assessment in connection therewith, including reasonable attorneys' fees. All sums assessed in accordance with the provisions of this Declaration shall constitute a lien on such respective Building Lots upon recordation of a claim of lien with the Ada County Recorder. Such lien shall be prior and superior to all other liens or claims created subsequent to the recordation of the notice of delinquency and claim of lien except for tax liens for real property taxes on any Building Lot and COVENANTS, CONDITIONS AND RESTRICTIONS - 26 d\realest\Chamberlain.ccr • • Assessments on any Building Lot in favor of any municipal or other governmental assessing body which, by law, would be superior thereto. 9.2.2 Claim of Lien. Upon default of any Owner in the payment of any Regular, Special or Limited Assessment issued hereunder, the Association may cause to be recorded in the office of the Ada County Recorder a claim of lien. The claim of lien shall state the amount of such delinquent sums and other authorized charges (including the cost of recording such notice), a sufficient description of the Building Lot(s) against which the same have been assessed, and the name of the record Owner thereof. Each delinquency shall constitute a separate basis for a notice and claim of lien, but any number of defaults may be included within a single notice and claim of lien. Upon payment to the Association of such delinquent sums and charges in connection therewith or other satisfaction thereof, the Association shall cause to be recorded a further notice stating the satisfaction of relief of such delinquent sums and charges. The Association may demand and receive the cost of preparing and recording such release before recording the same. 9.3 Method of Foreclosure. Such lien may be foreclosed by appropriate action in court or by sale by the Association establishing the Assessment, its attorney or other person authorized to make the sale. Such sale shall be conducted in accordance with the provisions of the Idaho Code applicable to the exercise of powers of sale permitted by law. The Board is hereby authorized to appoint its attorney, any officer or director of the Association, or any title company authorized to do business in Idaho as trustee for the purpose of conducting such power of sale or foreclosure. 9.4 Required Notice. Notwithstanding anything contained in this Declaration to the contrary, no action may be brought to foreclose the lien created by recordation of the notice of delinquency and claim of lien, whether judicially, by power of sale or otherwise, until the expiration of thirty (30) days after a copy of such claim of lien has been deposited in the United States mail, certified or registered, postage prepaid, to the Owner of the Building Lot(s) described in such notice of delinquency and claim of lien, and to the person in possession of such Building Lot(s), and a copy thereof is recorded by the Association in the Office of the Ada County Recorder. 9.5 Subordination to Certain Trust Deeds. The lien for the Assessments provided for herein in connection with a given Building COVENANTS, CONDITIONS AND RESTRICTIONS - 27 d\realest\Chamberlain.ccr • Lot shall not be subordinate to the lien of any deed of trust or mortgage except the lien of a first deed of trust or first mortgage given and made in good faith and for value that is of record as an encumbrance against such Building Lot prior to the recordation of a claim of lien for the Assessments. Except as expressly provided in paragraph 9. 6 with respect to a f first mortgagee who acquires title to a Building Lot, the sale or transfer of any Building Lot shall not affect the Assessment lien provided for herein, nor the creation thereof by the recordation of a claim of lien, on account of the Assessments becoming due whether before, on, or after the date of such sale or transfer, nor shall such sale or transfer diminish or defeat the personal obligation of any Owner for delinquent Assessments as provided for in this Declaration. 9.6 Rights of Mortaagees. Notwithstanding any other provision of this Declaration, no amendment of this Declaration shall operate to defeat the rights of the Beneficiary under any deed of trust upon a Building Lot made in good faith and for value, and recorded prior to the recordation of such amendment, provided that after the foreclosure of any such deed of trust such Building Lot shall remain subject to this Declaration as amended. ARTICLE X: EASEMENTS 10.1 Easements of Access. Grantor expressly reserves for the benefit of all the Property reciprocal easements of access, ingress and egress for all Owners to and from their respective Building Lots for installation and repair of utility services, for drainage of water over, across and upon adjacent Building Lots, and Common Area, resulting from the normal use of adjoining Building Lots or Common Area, and for necessary maintenance and repair of any Improvement including fencing, retaining walls, lighting facilities, mailboxes and sidewalk abutments, trees and landscaping. Such easements may be used by Grantor, and by all Owners, their guests, tenants and invitees, residing on or temporarily visiting the Property, for pedestrian walkways, vehicular access and such other purposes reasonably necessary for the use and enjoyment of a Building Lot or Common Area. 10.2 Drainage and Utility Easements. Notwithstanding anything expressly or impliedly contained herein to the contrary, this Declaration shall be subject to all easements heretofore or hereafter granted by Grantor for the installation and maintenance of utilities and drainage facilities that are required for the development of the Property. In addition, Grantor hereby reserves for the benefit of the Association the right to grant additional easements and rights-of-way over the Property, as appropriate, to utility companies and public agencies as necessary or expedient for the proper development of the Property until close of escrow for the sale of the last Building Lot in the Property to a purchaser. COVENANTS, CONDITIONS AND RESTRICTIONS - 28 d\realest\Chamberlain.ccr • 10.2.1 Improvement of Drainage and Utility Easement Areas. The Owners of Building Lots are hereby restricted and enjoined from constructing any Improvements upon any drainage or utility easement areas as shown on the Plat of Chamberlain Estates Subdivision or otherwise designated in any recorded document which would interfere with or prevent the easement from being used for such purpose; provided, however that the Owner of such Building Lots and the Grantor, Association or designated entity with regard to the landscaping easement described in this Article X, shall be entitled to install and maintain landscaping on such easement areas, and also shall be entitled to build and maintain fencing on such easement areas subject to approval by the Board, so long as the same would not interfere with or prevent the easement areas from being used for their intended purposes; provided, that any damage sustained to Improvements on the easement areas as a result of legitimate use of the easement area shall be the sole and exclusive obligation of the Owner of the Building Lot whose Improvements were so damaged. ARTICLE XI: MISCELLANEOUS 11.1 Term. The easements created hereunder shall be perpetual, subject only to extinguishment by the holders of such easements as provided by law. The covenants, conditions, restrictions and equitable servitudes of this Declaration shall run until December 31, 2025, unless amended as herein provided. After December 31, 2025, such covenants, conditions and restrictions shall be automatically extended for successive periods of ten (10) years each, unless amended or extinguished by a written instrument executed by Members holding at least three-fourths (3/4) of the voting power of the Association and such written instrument is recorded with the Ada County Recorder. Further provided that the Association shall not be dissolved without the prior written approval of the City of Meridian and Ada County Highway District, such consent not to be unreasonably withheld provided that a responsible successor organization shall agree to perform those maintenance responsibilities arising from applicable city and county governmental requirements. 11.2 Amendment. 11.2.1 By Grantor. Except as provided in paragraph 11.2.3 below, until the recordation of the first deed to a Building Lot in the Property, the provisions of this Declaration may be amended, modified, clarified, supplemented, added to (collectively, "amendment") or terminated by Grantor by recordation of COVENANTS, CONDITIONS AND RESTRICTIONS - 29 d\realest\Chamberlain.ccr • a written instrument setting forth such amendment or termination. 11.2.2 By Owners. Except where a greater percentage is required by express provision in this Declaration, any amendment to the provisions of this Declaration, other than this Article XI, shall be by an instrument in writing signed and acknowledged by the president and secretary of the Association certifying and attesting that such amendment has been approved by the vote or written consent of owners representing more than sixty-seven percent (67%) of the votes in the Association, and such amendment shall be effective upon its recordation with the Ada County Recorder. Any amendment to this Article XI shall require the vote or written consent of Members holding ninety-five percent (95%) of the voting power of the Association. 11.2.3 Effect of Amendment. Any amendment. of this Declaration approved in the manner specified above shall be binding on and effective as to all Owners and their respective properties notwithstanding that such Owners may not have voted for or consented to such amendment. Such amendments may add to and increase the covenants, conditions, restrictions and easements applicable to the Property but shall not prohibit or unreasonably interfere with the allowed uses of such Owner's property which existed prior to the said amendment. 11.2.4 Amendment for Annexation of Other Land to These CC&R's. These CC&R's may be amended to provide that other land, common areas or other subdivisions may be annexed into and governed by these CC&R's. Such annexation shall be by a vote or a written consent of owners representing fifty-one percent (51%) of the votes in the Association. 11.3 Mortgage Protection. Notwithstanding any other provision of this Declaration, no amendment of this Declaration shall operate to defeat or render invalid the rights of the beneficiary under any first deed of trust upon a Building Lot made in good faith and for value, and recorded prior to the recordation of such amendment, provided that after foreclosure of any such first deed of trust such Building Lot shall remain subject to this Declaration, as amended. 11.4 Notices. Any notices permitted or required to be delivered as provided herein shall be in writing and may be delivered either personally or by mail. If delivery is made by COVENANTS, CONDITIONS AND RESTRICTIONS - 30 d\realest\Chamberlain.ccr ~~ . U mail, it shall be deemed to have been delivered seventy-two (72) hours after the same has been deposited in the United States mail, postage prepaid, addressed to any person at the address given by such person to the Association for the purpose of service of such notice, or to the residence address in the subdivision of such person if no address has been given to the Association. Such address may be changed from time to time by notice in writing to the Association. 11.5 Enforcement and Non-Waiver. 11.5.1 Rictht of Enforcement. The Declarant, the Board, the Neighborhood Association or any Owner shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provision of this Declaration. Failure by any entity to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Nothing contained herein shall be construed as an obligation of the Declarant, Board, or Chamberlain Estates Neighborhood Association to enforce any of these CC&R's. Neither Declarant, Board nor Chamberlain Estates Neighborhood Association shall have any liability of any kind to any person or Lot Owner for failing to enforce any of these CC&R's. 11.6 Successors and Assigns. All references herein to Grantor, Owners, the Association or person shall be construed to include all successors, assigns, partners and authorized agents of such Grantor, Owners, Association or person. IN WITNESS WHEREOF, the Grantors hereto have set their hands this day of 1995. Kevin Howell Irene Howell dba KEVIN HOWELL CONSTRUCTION COVENANTS, CONDITIONS AND RESTRICTIONS - 31 d\realest\Chamberlain.ccr • • STATE OF IDAHO, ) ( ss. COUNTY OF ADA, ) On this day of 1995, before me, the undersigned a Notary Public in and for said State, personally appeared Kevin Howell known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing in Boise, Idaho My Commission Expires: STATE OF IDAHO, ) ( ss. COUNTY OF ADA, ) On this day of 19 before me, the undersigned a Notary Public in and for said State, personally appeared Kevin Howell known or identified to me to be the person whose name is subscribed to the within instrument as the attorney in fact of Irene Howell, and acknowledged to me that he subscribed the name of Irene Howell thereto as principal, and his own name as attorney in fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing in Boise, Idaho My Commission Expires: COVENANTS, CONDITIONS AND RESTRICTIONS - 32 d\realest\Chamberlain.ccr NG NUBBLE ENGINEERING iNC. ~ 9,~s3 ,~- -~„ ~~. ti~ 9550 Bethel Court ^ Boise, Idaho 83709 Project No. 93053 January 21, 1994 Revised May 9, 1994 REVISED DESCRIPTION FOR CHAMBERLAIN ESTATES SUBDIVISION PORTIONS OF A RESUBDIVISION OF LOTS 9 THROUGH 16, BLOCK 8, CHATEAU MEADOWS EAST NO. 9, GOVERNMENT LOT 4 AND THE S1/2 NW1/4, SECTION 5, T.3N., R.1 E., B.M., MERIDIAN, ADA COUNTY, IDAHO A parcel of land being portions of a resubdivision of Lots 9 through 16 of Block 8 of Chateau Meadows East No. 9, a Subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho in Book 61 of Plats at pages 6048 and 6049 and in particularly shown in Quitclaim Deed No. 9346079, Government Lot 4 and the S1/2 of the NW1/4 of Section 5, T.3N., R.1 E., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Commencing at the brass cap marking the one-quarter corner common to Section 6 and the said Section 5; thence North 0°24'35" East 2603.50 feet along the Westerly boundary of the said NW1/4 of Section 5, which is also the centerline of North Locust Grove Road, to a 5/8" iron pin marking the section corner common to the said Sections 6 and 5 and Sections 31 and 32, T.4N., R.1 E., B.M.; thence South 0°24'35" West 954.60 feet along the said Westerly boundary of the NW1/4 of Section 5 to an iron pin; thence South 89°39'35" East 45.00 feet to a 2-inch iron pipe, also said point being the REAL POINT OF BEGINNING (INITIAL POINT); thence along the following courses and distances to iron pins: continuing South 89°35'39" East 1282.25 feet; thence South 0°26'06" West 328.63 feet; thence South 89°44'12" East 331.34 feet; Chamberlain Est. Subd.-Rev. ~ ~ Page 1 of 3 208/322.8992 ^ Fax 208!378-0329 • • Project No. 93053 January 21, 1994 thence South 0°28'15" West 655.80 feet to a point on the Northerly boundary of Chateau Meadows East No. 8, a Subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho in Book 60 of Plats at pages 6023 and 6024; thence North 89°35'33" West 485.93 feet along the said Northerly boundary of Chateau Meadows East No. 8 to a point marking the Northwest corner of the said Chateau Meadows East No. 8 and the Northeast corner of the said Chateau Meadows East No. 9; thence along the Southerly boundary of the said Quitclaim Deed Instrument No. 9346079 the following courses and distances: South 89°15'42" West 95.40 feet; thence South 89°47'28" West 101.42 feet; thence North 89°50'16" West 70.00 feet; thence South 89°47'38" West 70.00 feet; thence North 89°55'10" West 70.00 feet; thence South 89°50'06" West 70.00 feet; thence North 89°47'08" West 106.20 feet; thence leaving the said Southerly boundary of Quitclaim Deed Instrument No. 9346079 North 4°30'28" West 398.65 feet; thence North 89°42'09" West 554.65 feet to a point on the said Westerly boundary of the NW1/4 of Section 5; thence North 0°24'35" East 50.00 feet along the said Westerly boundary of the NW1/4 of Section 5; thence South 89°42'35" East 548.22 feet; thence North 3°53'33" West 211.83 feet; Chamberlain Est. Subd.-Rev. Page 2 of 3 ~ ~ Project No. 93053 January 21, 1994 thence North 89°37'50" West 532.33 feet to a point on the said Westerly boundary of the NW1/4 of Section 5; thence North 0°24'35" East 330.94 feet along the said Westerly boundary of the NW1/4 of Section 5; thence South 89°35'39" East 45.00 feet to the point of beginning, comprising 27.24 acres, more or less. Prepared by: NUBBLE ENGINEERING, INC. JCM/DTP/G LR/bh/761. des D. Terry Peugh, P.L.S. Chamberlain Est. Subd.-Rev. Page 3 of 3 y '` r PROJECT N0. 93-053 MANUAL FOR LIGHT MAINTENANCE OF STORMWATER RETENTION POND AT CHAMBERLAIN ESTATES SUBDIVISION MERIDIAN, IDAHO OCTOBER, 1995 RUBBLE ENGINEERING, INC. ENGINEERING-SURVEYING-PLANNING 9550 BETHEL COURT ~~ ~ BOISE, IDAHO 83709 • (208) 322-8992 ;, • • Meridian City Council July 18, 1995 Page 40 MOTION CARRIED: All Yea Kingsford: I would entertain a motion on the conditional use. Tolsma: A decision by the Meridian Planning and Zoning Commission and the Meridian City Council hereby recommends to the Meridian City Council that they approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law. Yerrington: Second Kingsford: Moved by Ron, second by Max to approve of the decision, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #13: REQUEST FOR ONE YEAR EXTENSION OF THE APPROVAL OF THE PRELIMINARY PLAT FOR CHAMBERLAIN ESTATES NO.2 BY KEVIN HOWELL: Morrow. I have a question Mr. Mayor, what is the difference between this request and the one. Kingsford: Time hadn't elapsed. Morrow. Mr. Mayor , I would move that we grant the one year extension of the preliminary plat for Chamberlain Estates No. 2 by Kevin Howell Construction. Yerrington: Second Kingsford: Moved by Walt, second by Max to grant the one year extension for the preliminary plat for Chamberlain Estates No. 2 by Kevin Howell, all those in favor? Opposed? Motion carried: All Yea ITEM #14: NON-DEVELOPMENT AGREEMENT FOR SUMMERFIELD SUBDIVISION NO. 2: Kingsford: Shari would you, do you have any comments on that. Have you seen it, or Gary, who is the appropriate? • MERIDIAN CITY COUNCIL MEETING:_~LY 18.1995 APPLICANT KEVIN HOWELL ITEM NUMBER; 13 REQUEST; ONE YEAR EXTENSION ON THE APPROVAL OF THE PRELIMINARY PLAT FOR CHAMBERLAIN ESTATES N0.2 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS YgV~ c~P OTHER: All Materials presented at public meetings shall become property of the City of Meridian. NGI~y~ • • '`' `~ RUBBLE ENGINEERING, INC. 9 ~ 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 208/378-0329 URV July 7, 1995 City of Meridian Ms. Shari Stiles 33 E. Idaho Street Meridian, Idaho 83642 Re: Chamberlain Estates Subdivision No. 2 Preliminary Plat Approval Dear Shari, JUL101995 ~iT~l ~~- l~i~t~>G~t1~ On behalf of Kevin Howell Construction we hereby request a one year extension of the approval of the preliminary plat for Chamberlain Estates Subdivision No. 2. This request is being made in conformance with the Meridian City Subdivision Ordinance Section 9-604 F.2. The developer is planning on starting construction of phase I of Chamberlain Estates Subdivision No. 1 in September of 1995, with anticipated construction of Chamberlain Estates Subdivision No. 2 beginning in the fall of 1996. Thank you for your time and consideration, and please do not hesitate to call if you have any questions. Sincerely, ~.:Q,v~-~~' ~~ Tracey Persons Project Coordinator d:\177.1tr Md 4..4'r ~~ ~• ~S~ J U ~> > ~ ~~:~~ -- -- __ _ SUBDEVtS~4~=E-~1~~~1Ot11--~#-#~E~=-____-~~~-~t~>~~~IA~I Proposed Development Name CHAMBERLAIN ESTATES SUB City MERIDIAN Date Reviewed 06/08/95 Preliminary Stage Final XXXX Engineer/Developer Hubble Engr. /Kevin Howell Construction The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Meridian City Street Name Ordinance. "CHAROLAIS" is a duplication and therefore cannot be used The following proposed street names may be reserved to replace other names on the plat• "CHIMERE" The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, AGENCY REPRESENTATIVES OR DESIGNEES Ada County Engineer John Priester Date Ada Planning Assoc. Terri Raynor Date S~ City of Meridian Representative Date li-F'~FS~ Meridian Fire Dept. Representative Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index 3N 1 E 05 Section NUMBERING OF LOTS AND BLOCKS ~ _- "CHANCERY" ., ~-•~ ~~ RECEIVED MAY 1 5 X95 CITY OF MERIBIAN ~~fia. & ~~~:ia'ia~c `I~igat~aci Z~iQflzict 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 Rich Tomlinson Hubble Engineering, Inc. 9550 West Bethel Court Boise, ID 83709 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nompa 466-0663 Boise 345-2431 RE: Cougar Creek Subdivision, Tract Subdivision No. 5 and Chamberlain Estates Subdivision Contract and Other Related Documents Dear Rich: As per our telephone conversation of 11 May 1995 in regard to a contract for the above-referenced 3 subdivisions, it will be necessary for the owners of the property to supply the District's Attorney, Steve Mahaffy, with all of the owners' correct names as they appear on the deeds for each property, along with legal descriptions. You had mentioned you had received a questionnaire from our attorney in regard to one of the subdivisions. If you will make copies and fill out one questionnaire for each subdivision that is involved and return it to the District's legal counsel, it will be helpful in starting the contract process. If someone else has been appointed to the task of obtaining the contract, please have them contact either me or the District's legal counsel, Steve Mahaffy, at 342-4591. Again, I would urge you or the representatives of the 3 subdivisions involved in the pressure urban irrigation. system to contact the District's legal counsel, Steve Mahaffy, as soon as possible for follow-up discussion and preparation of the construction contract. Without the contract, the District is severely handicapped and allows us to do no more than look at a set of plans. Page 1 of 2 D APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 11 May 1995 • • it May 1995 Rich Tomlinson Page 2 of 2 Should you have any questions concerning this matter, please feel free to call on me at the District's office telephone number listed above. Sincerely, Patricia A. Cooper, Assistant Secretary/Treasurer PAC/dnm cc: File Each Director Secretary/Treasurer Water Superintendent Bill Henson Attorney - Steve Mahaffy Kevin Howell Vijya Laxmi Jon Barnes Gary Lee - J-U-B James Merkle - Hubble Engineering /City of Meridian ~~ R • • AMBROSE, FITZGERALD & CROpKSTON ATTORNEYS AND COUNSELORS AT LAW GRANT 1.. AMRROSE (1915-1968) JOHN O. FITLGERALD, PA 1530 WEST STATE - P.O. BOX 427 WAYNE G. CROOKSTON, JR, PA. WILLIAM J. SCHWARTZ JOHN O. F17ZGERALD 11., P.A. MERIDIAN, IDAHO 53680 PETER W. WARE, JR THIS FIRM INCLUDES PROFESSIONAL CORPORATIONS TELEPHONE (206) ds1.0461 PACSIMILE (206) 666.3%9 i~'li;Y - 4 )~~5 May 3, 1995 Mr. and Mrs. 3451 E. 52nd Boise, Idaho Kevin A. Howell 83703 Re: CHAMBERLAIN ESTATES SUBDIVISION Dear Mr. and Mrs. Howell: CITY OF ~ERtD1AIV I am writing this letter to you as the Meridian City Attorney. At the City Council meeting held on May 2, 1995, the Council heard complaints about the water drainage pit that is on your property which you are developing as CHAMBERLAIN ESTATES SUBDIVISION and the drainage that crosses into and over your subdivision. The Council also received information from the Planning and Zoning Administrator and the City Engineer. City Councilman, Walt Morrow, inspected the land and the pit in the morning of May 3, 1995. Mr. Morrow's observations and views were related on to Councilmen Yerrington and Corrie and to Mayor Kingsford. Councilman Tolsma was not at the meeting. Councilman Morrow did indicate to me that he had had a discussion with you on May 2, 1995, prior to the meeting but that he did not have a feel for the land or the drainage pit. In Councilman Morrow's opinion, after viewing the pit and after speaking with you, the problems did not appear at the time of his view to be as drastic as portrayed at the meeting. However, it was, and is still, the opinion of the Mayor and City Council that something needs to be immediately done to stop or prevent the pit from being a nuisance and safety problem. Would you please contact the City Clerk, William G. Berg, Jr. , so that he can schedule a meeting between you, Councilman Morrow, Gary Smith, City Engineer, Shari Stiles, Planning and Zoning Administrator, possibly Mayor Kingsford, myself, and any other Councilmen that desire to be at the meeting. a. • Mr. and Mrs. Kevin A. Howell, , April 3, 1995 Page 2 This meeting needs to held prior to the next Council meeting on the 16th of May, 1995, so you should contact the City Clerk within two (2) days of receipt of this letter so that he can schedule the meeting as soon as possible. If you have any questions please contact me at the telephone number listed in this letter, Very Truly Yours, ~/ ~' ' , WAYN G. CROOKSTON, JR. Meridian City Attorney WGC/tj • • Meridian City Council December 6, 1994 Page 67 Kingsford: Moved by Walt, second by Bob to enter into a late comers agreement with Nelson/McAlvain late comers agreement for water line extension, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #30: GULL PEST CONTROL: REQUEST A 6 MONTH EXTENSION OF TEMPORARY SALES TRAILER AT 1720 FRANKLIN ROAD: Gull: I am Scott Gull, 1720 Franklin Road is our office location. Mr. Mayor and Councilmen I want to thank you for allowing us to have our temporary status on our mobile home office. We would like to extend that for an additional 6 months if we could. Kingsford: Any questions of the Council. You can go by and see the progress being made. Morrow. I have no problem. Corrie: I just make the comment that he really has a nice area there and I agree. Kingsford: Entertain a motion to extend that 6 months. Morrow. So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to have the mobile office for Gull Pest Control for another 6 months, atl those in favor? Opposed? MOTION CARRIED: All Yea --~ ITEM #31: KEVIN HOWELL CONSTRUCTION: REQUEST FOR ONE YEAR EXTENSION FOR CHAMBERLAIN ESTATES SUBDIVISION: Merkle: Mr. Mayor, members of the Council I am Jim Merkle from Hubble Engineering on behalf of Kevin Howell the applicant. Chamberlain Estates is a 27 acre single family subdivision on the east side of Locust Grove. His original intention was to develop the, to get started on the project this past year but due to market and-the (inaudible) on the final plat he is finishing his second phase of Howell Plat this Spring and probably won't start the first part of this until Fall of this year. So we do need a one year extension of the final plat. All the engineering plans have been done, the sewer and water plans have been approved by the City, approved the State, the plat is being processed through the health department ~ i Meridian City Council December 6, 1994 Page 68 and the highway district. He has just not started with the construction phase due to the slow down in the market. He is requesting a one year extension on the time period it takes to record a final plat. Corrie: I don't have a problem with that. Smith: Mr. Mayor, members of the Council, one thing that and I think that Mr. Howell has directed Jim Merkle to write a letter which Jim did and I received a copy of it by fax today. We have had a problem out there with the, we lovingly refer to it as the pit between, it is along narrow finger like piece of ground that connects Chamberlain properties with Locust Grove Road and was originally the access to the first piece of property that makes up Chamberlain Estates Subdivision. And throughout last summer this pit was continually full of water and we received numerous phone calls from the adjacent property owners, from Commissioner Bisterfeldt of Ada County who was called several times by one of the property owners. We were in contact with Mr. Howell and Mr. Howell made some attempts to eliminate the problem. But as of the end of the irrigation season it was still there. The letter that Jim wrote to me and was faxed to me today says that they will be constructing that pond which is a retention pond in accordance with the approved plans. And that the sand and grease traps and the storm drain pipes and trenches will be constructed with the street improvements at a later date. They are saying that the construction of the pond should alleviate any potential irrigation run off problems from the adjacent fields. We were in contact with Mr. Howell and requested that this letter be sent to us as an indication that they will take care of the problem, but I guess all I can say is that we have, it has been addressed by the developer. And it was a concern through the last irrigation season. Kingsford: I guess the request for extension ought to be predicated on that being remedied. Morrow: I think my, if I were to make a motion at this point is, my motion would be that we grant an extension until April 15th and conditioned on at such time if that improvement is not in then the extension is over with. If the improvement is in then it presses on for the remainder of the 1 year calendar date. Merkle: Weather permitting. Morrow: Irrigation comes in April 15th. Merkle: You are right, the letter we sent to the City said by the end of January it would be graded weather permitting. If there is a foot of snow you can't grade. There is no problem now, the problem doesn't come until the water does. And I do understand your point. • • Meridian City Council December 6, 1994 Page 69 Morrow. What I would be after is that the extension is good until April 15th, if the improvement is in it is good until whatever a year from today's date is, December 6th, 1995. Yerrington: Second Kingsford: My recollection of what you meant was from your statement if I were to make a motion and apparently you did because Max seconded it. The extension be granted until April 15th conditioned upon the gravel pit issue being remedied and if it not it is dropped if it is then it is extended for the calendar year which would be December 6th 1995; all those in favor? Opposed? . MOTION CARRIED: All Yea ITEM #32: PROCLAMATION: A TIME OF DRUNK AND DRUGGED DRIVER PREVENTION: Kingsford: Whereas, drivers and pedestrians impaired by alcohol and other drugs account for nearly 17,500 national highway deaths annually; and Whereas, 85 fatalities and 1,508 injuries resulted from alcohol-involved crashes in Idaho during 1993; and Whereas, motor vehicle crashes are the number one cause of deaths for children, adolescents and young adults in the United States; and Whereas, injury and property damage resulting from alcohol and drug-impaired driving accidents cause physical, emotional, and economic hardship for hundreds of thousands of adults and young people; and Whereas, health care costs resulting from motor vehicle injuries cost American society over $14 billion a year; and $35,000 in health care costs alone can be saved for each serious injury prevented; and Whereas, comprehensive community-based programs to further reduce and prevent impaired driving tragedies through education are known to help the cause; and Whereas, if we take a stand now, we can prevent impaired driving and save lives; Now, therefore, I Grant Kingsford, Mayor of Meridian do hereby proclaim December 1994 as A time of Drunk and Drugged Driver Prevention in Meridian and I urge all citizens to support the these "the responsibility is yours - choose a sober driver" to become aware of the problem of driving under the influence and the importance of education, legislation and enforcement to help prevent drunk and drugged drivers. I proclaim this Friday, December 16, 1994 as National Lights on for Life Day and encourage all drivers of publicly and privately owned commercial and non-commercial vehicles to drive with their head lights on throughout the day to call attention to the importance of measure to prevent drunk and drugged driving and in memory of victims of this crime. ITEM #33: DEVELOPMENT AGREEMENT FOR CANVEST (VAN AUKER): • • ' HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live WILLIAM G.BERG,JR.,CItyClerk JANICE L. GASS, City Treasurar CITY OF MERIDIAN GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO JOHN T. SHAWCROFT, waste water supt. KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 W.L. "BILL" GORDON, Poliee Chief WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887813 Public Works/Building Department (208) 887-221 I GRANT P. K[NGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman ~ Planning 8 Zoning MEMORANDUM April 13, 1995 TO: MAYOR & COUN IL FROM: Gary Smith, PE , RE: CHAMBERLAIN ES~'ATES SUBD Jim Merkle advises me, and my field inspector verifies, that the developers contractor has graded the drainage retention basin for this subdivision to a general configuration of that shown on the development plans. The developers engineer has taken some elevations in the field to compare with the design depth of basin. The design depth of pond was shown to be 3.1 feet. The existing depth of pond is approximately 4 feet and they have constructed a small berm along the top edge to help prevent surface water from entering the pond. The approximate 1 foot difference in pond depth will be eliminated with final grading when the collection box and some piping is installed with the other subdivision improvements. The above information is presented to yo~a to verify the efforts made by this developer to conform with an April 15, 1995 deadline condition of your previous approval for extension of the preliminary plat approval of this subdivision. • • C C, MERIDIAN CITY COUNCIL MEETING: ~~~`~~" ~~ APPLICANT: ~~~ ~~~~ 5~~`~~~ AGENDA ITEM NUMBER: REQUEST: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS t~ ~~ ~ b~' C~~ OTHER: '`' ~`~ NUBBLE ENGINEERING, INC. Meridian City Council 130 East Idaho Street Meridian, Idaho 83642 < 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 208/378-0329 9y° suRVEy~e RECEIVED DEC - 1 1994 December 1, 1994 CITY OF MERIDIAN RE: Cl:~*:~>,erlin, Fstat~~ Sa~bdivisinn Dear Councilmen: On behalf of Kevin Howell Construction we hereby request a one year time extension (9- 604-I-1) for the recording of the final plat for chamberlain Estates Subdivision. Thank you for your time and consideration. Sincerely, Tracey Persons Project Coordinator 090.1tr • • '`' ~`~ RUBBLE ENGINEERING, INC. ~ y 9550 Bethel Court ^ Boise, Idaho 83709 2081322-8992 ^ Fax 2081378-0329 9~0 SU R V ~yOQ. December 1, 1994 Meridian City Council 130 East Idaho Street Meridian, Idaho 83642 RE: Chamberlain Estates Subdivision Dear Councilmen: On behalf of Kevin Howell Construction we hereby request a one year time extension (9- 604-I-1) for the recording of the final plat for chamberlain Estates Subdivision. Thank you for your time and consideration. Sincerely, ~~~~~ t~ Tracey Persons Project Coordinator 090.1tr C'e ~ I!u~ t;~ -f f6w~l > > • ORDINANCE NO. 663 AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS THE NORTH HALF OF THE SOUTH HALF OF GOVERNMENT LOT 4 IN SECTION 5, T.3N., R.lE., B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho.: Section 1. That the real property described as: The North half of the South half of Government Lot 4 in Section 5, T.3N., R.lE., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 31 and 32, T.4N., R.lE., and sections 5 and 6, T.3N., R.lE., B.M., from which the quarter corner common to said Sections 5 and 6 bears South 00°24'35" West, 2603.50 feet; thence South 00°24'35" West, 636.40 feet to the Northwest corner of the North half of the South half of said Lot 4; thence South 89 ° 38' 45" East, 45.00 feet to the REAL POINT OF BEGINNING (Initial Point) thence continuing South 89°38'45" East, 1282.39 feet to the Northeast corner of the North half of the South half of said Lot 4; thence South 00°26'06" boundary of said Lot 4 thence North 89°35'39" the West boundary of s thence North 00°24'35" thence South 89°38'45" Beginning. West, 319.39 feet along the East to a point; West, 1327.25 feet to a point on aid Section 5; East, 318.20 feet to a point; East, 45.00 feet to the Point of is hereby annexed to the City of Meridian, and is zoned R-8 Residential; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of ANNEXATION ORDINANCE - CHAMBERLAIN EST. #2 Page 1 t • • Law as adopted by the Meridian Council on the request for annexation and zoning. Section 2. That the property shall be subject to de- annexation if the owner shall not meet the following requirements: a. That the Applicant is required to connect to the Meridian water and sewer and resolve how the water and sewer mains will serve the land. b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. c. That, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address inclusion into the subdivision of the .requirements of 11-9-605 C, G., H 2, R, L of the Revised and Compiled Ordinances of the City of Meridian and other matters. d. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, and 11-9-605 M. which pertains to the tiling of ditches and waterways. e. That these conditions shall run with the land and bind the applicant, the titled owners, and their assigns. f. The requirements and conditions of the Findings of Fact and Conclusions of Law, and meet the Ordinances of the City of Meridian. Section 3. That if Applicant shall fail to meet the above conditions the property shall be subject to de-annexation, which conditions subsequent shall run with land and also be personal to the owner and Applicant. Section 4 . That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission ANNEXATION ORDINANCE - CHAMBERLAIN EST. #2 Page 2 • within ten (10) days following the effective date of this Ordinance. Section 5. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this Z'~b day of August, 1994. ~ ~~ ~~~ !,. a,~POr~,~ ~~.~ APPROVED: ~~ ~ ~ ~ ~r'`~ ~ ! ~~ • to 1 OR -- GRANT P . IN ~,~~;~° ~~ , ATTEST: i~.G-=---,,~~ i WILLIAM G. BERG, JR: -- CITY CLERK STATE OF IDAHO,) • ss. County of Ada, ) I, WILLIAM BERG, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS THE NORTH HALF OF THE SOUTH HALF OF GOVERNMENT LOT 4 IN SECTION 5, T~.3N., R'assed as •OrdinanceUNoY~ IDAHO; AND PROVIDING AN EFFECTIVE DATE," p 663, by the City Council and Mayor of the City of Meridian, on the rrd of August, 1994, as the same appears in my office. 1994. ~ ~~ ~ 4 ~j~ day of ~i.cf~ ~q;,PUq,~ ~ ~.. ~~~ ~ '~ City Clerk, City o ridian ~ ~<i4 ~ ~.~ ~~~~. Ada County, Idaho + •~ $- ,;• °° `~'~ ~' i ? w''" Page 3 ANN~XATT.ON-"~~~tDINANCE - CHAMBERLAIN EST. #2 • STATE OF IDAHO,) ss. County of Ada, ) On this ~~- day undersigned, a Notary Public appeared WILLIAM G. BERG, JR. name is subscribed to the w~ acknowledged that he executed of August, 1994, before me, the in and for said State, personally known to me to be the person whose .thin and foregoing instrument, and the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. rr~ SEAL off,+~~ ~ ~~~ w'.. yy ~ ~~~ ~~QQ~i- N i. ~~ p~~~~`~ ~ 4 ~ ii ~ ~~;~ .. _.., ~, ~~ ~ 0~ ST OF RECO~.t: ~ ~~~ ~`:.:-.~ ANNEXATION ORDINANCE/CHAMBERLAIN EST. #2 Page 4 ~, ~, ~, , , ~; _~_ - - --------------------- -------------- ~ --- -- - - - ilk --- ~~ - ---- -,I ~~ ~J i ~: - !"`~ ` ' - s - ~~__ ~ ~ ~ ~ N ~ ~ o~ ~ ~ ~ ~ __..- ~ ~ i ~ V1 ' ~" ---_ - - -~ I _ - - C _, ~ _- / / _~ i - ' ~ ~9 oKVtN~E No. ~G''~ ~ 8 ~, .~..\ ~ cam, , ~~ '~-~ ~ ~ ~ ~~_ ~-- _ I / . ~ ~,. ; i ._ ! rz_7__ ~ ~~ i ' an ~ ~~-3; z i ; ---..--- 7. r ~; m ~N; J '~ ; W s' ~~ ~ ~ ,~ - I , 7 ~, ,;-- .a F , i 1 ~ e i \~ r~~ ~ ,\ '- r l ,~ ..._ , ,~ _ ~. ~ '.' ~ i6ii=Ab~1N ' ~ I i ~~ ~~ '~~d~ ~ ~~ ,~'~ T~, 4 r~ , ~ ~ v-~ 1 ~ w TJ „ n ~ , ~ ~ ~ ' ~ ~~ -------- _ ~ NO ' 9 ~~ ~ ~ ~ of , ~ ~o _---- DWI-~ _.. __. ~~ ___ ai i ~ 1 ~ + 1 I E ~Ci=Nti~cH-~----- g .X. „ ------------- ~~. r I ~ 11 ' ~ ~ 10' 6 ~ Z~ ' ~ ~ w e _, 5" 1 1 1 p/ l~ ~~Vc1~7~y1EAiJi~Y• - , J { 6 e ~ ~ i 9 c,t~~ ---T---------~'~ i ~YIUiLJ~ ~i-w~ l - 3x -t'.~ i ~ 1 i • r J a ~~ M_ ~0 ' EE a W ~ a` i GREEN MEA(~W?CT ' 1X~ " rr ~~-j~ j ~_. i0j ~~ i i s al ~ IZI 10 __ pR - --- - - - -- ~ E CHATEAU _DR __ e 2 ~ II Meridian City Council August 2, 1994 Page 20 public that would like ordinance #664 read in its entirety? Seeing none 1 would entertain a motion. Yerrington: Mr. Mayor, I move that we approve #664 with the suspension of rules. Tolsma: Second Kingsford: Moved by Max, second by Ron to approve ordinance #664 with the suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea ITEM #14: PRELIMINARY PLAT FOR CHAMBERLAIN ESTATES NO. 2 (TABLED AT JULY 19, 1994 MEETING): Kingsford: Do Council members have questions with regard to the preliminary plat? Morrow: The reason for table at the 19th meeting was? Kingsford: Shari, what was the reason for tabling Chamberlain No. 2 preliminary plat. Stiles: (Inaudible) Kingsford: There were no other objections from staff? Gary do you have any problem with the preliminary plat for Chamberlain No. 2? Smith: (Inaudible) (Discussion Inaudible) Kingsford: The minutes of the last meeting show that Council President Tolsma (inaudible) "it is moved by Bob, second by Max to table the preliminary plat for Chamberlain No. 2 until such time as the ordinance is approved." All voted affirmative on that. Shari or Gary do you have any problems with that preliminary plat at this point? Smith: (Inaudible) Morrow: Mr. Mayor I would move then that we approve the preliminary plat for Chamberlain Estates No. 2 subject to compliance with all of staff requirements. t ~ ~ , • Meridian City Council August 2, 1994 Page 21 Corrie: Second Kingsford: Moved by Walt, second by Bob to approve of the preliminary plat for Chamberlain Estates No. 2 subject to alf of staff requirements, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #15: PRELIMINARY PLAT FOR FAWCETTS MEADOWS N0.2 (TABLED AT JULY 19, 1994 MEETING): Kingsford: I assume that was also on the basis of an ordinance not being passed. Morrow: And did not Jim make that same presentation and he verbally answered staff conditions? Kingsford: No, this was Ron Henry. Does staff have any problems with those, they meet the same request. Tolsma: Mr. Mayor, I move we approve the preliminary plat for Fawcett Meadows No. 2 subject to the staffs approval. Yerrington: Second Kingsford: Moved by Ron, second by Max to approve Fawcett Meadows subdivision No. 2 conditional and staff approval, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #16: PUBLIC HEARING CONTINUED FROM JULY 19, 1994 MEETING: REQUEST FOR ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR HAVEN COVE N0. 5 SUBDIVISION BY INTERWEST DEVELOPMENT AND DAVID COLLINS: Kingsford: Counselor, for edification not being at that meeting, did we meet the notice requirements and so forth to continue a public hearing, was that accomplished, how does this work? Crookston: We can continue that at the hearing without further noticing. Kingsford: So we are on board? • HUB OF TREASURE VALLEY OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY yY• BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAH0.83642 Phone (208) 888433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Atlministrator JIM JOHNSON Chairman - Planning S Zoning GRANT P. KINGSFORD Mayor August 2, 1994 Mr. Kevin Howell Kevin Howell Construction 3451 E. 52nd Ln. Boise, ID 83703 RE: CHAMBERLAIN ESTATES SUBD. Dear Kevin: On July 15, 1994 I received a copy of a letter written to the City of Meridian (copy attached for your information) from a property owner at 2740 N. Locust Grove Rd. complaining about the presence of water in an excavation you had made to transport fill, material to Pheasant Pointe Subd. I advised Jim Merkle of this problem and he assured me it would be taken care of. Yesterday August 1, 1994 I received a phone call from the property owner at 2680 N. Locust Grove complaining about the same "pond of water". As of this morning this pit has about 4 feet of standing water with weeds surrounding the pit at 6' to 8' feet tall. This is a nuisance and a potential liability for you and anyone else involved in your project. The water problem and weeds must be resolved immediately. Please advise me of your schedule to correct the problems by Friday, August 5, 1994. Sin rely, Gary D. Smith, P.E. City Engineer cc File e ` U E.E. W2TNFY~AR 1639 Conant Avenue Burley, Idaho 83318 • August 3, 1994 Ada Planning Association 413 W. Idaho ~~100 Boise, Idaho 83702-6064 Gentlemen: RECEIVED AUG 1 0 1994 CTCY OF MERYDIAN I am writing you regarding my concern for a large pit which was dug next to property I own at 2740 North Locust Grove in Meridian. This has been left open, water stands 3'-4' deep. There is no drain from it, mosquitoes gather, the water is stale, the weeds are over grown and the hole is not fenced from North Locust Grove Road. I'm concerned my grandchildren could also get in this pit or a car could drive right into it from Locust Grove Road. This appears to be a drain for a new subdivision that is to be built. I do not believe I was ever notified that this hole was going to be there. Please advise what measures should be done to correct this matter. Sincerely, E.E. Brine ar ~~~ g EEB/lp n u G ~'riC GLENN J. RHODES, President SHERRY R. HUBER, Vice President JAMES E. BRUCE, Secretary August 8, 1994 E.E. Brinegar 1b39 Conant Avenue Burley, Idaho 83318 Dear E.E. Brinegar In response to your letter concerning property at 2740 N. Locust Grove in about open water, mosquitoes, weeds prompted A.C.H.D. to look into this. RECEIVED AUG 1 0 1904 CITY OF MERIDIAN a large pit dug next to your Meridian and your concerns and it not being fenced The large pit was dug by the property owner on private property and was not part of drainage system for a new subdivision. The Ada County Highway District had nothing to do with the excavation of this trench nor the fence removal that you mentioned, to this date, I have no knowledge of a new subdivision going in at this location. I have contacted the City of Meridian and passed the information on to them. You should be hearing from them in the near future. If you should have any questions about this matter or others, please feel free to contact me at 1-208-345-7667 Sincerely, Rick L. Smith Inspection Coordinator Vic: City of Meridian ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 ~ ' ~ ~ • Meridian City Council July 19, 1994 Page 67 conclusions of law with the replacement of a 15 foot landscape setback required under the Comprehensive Plan. Morrow: Did you wish to include in your motion that the applicant submit a landscape plan for this site? Corrie: Yes Morrow: Second Tolsma: Moved by Bob, second by Walt to approve the findings of fact and conclusions of law with a 15 foot setback instead of a 35 foot setback and that the developer provide a landscape site plan for the project, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea MOTION CARRIED: All Yea Torfin: Can I ask for one clarification and it will be brief when we submit the .building plans the site plans and the landscape plan will be submitted for review is that a staff level review? Morrow: The landscape review plan based on the motion would be done at the staff level because the public hearing was not continued to the next meeting for that presentation. So it would be up to our #1 gal to take care of that. (Discussion Inaudible) Crookston: I think you need to table the ordinance because you are still waiting for the landscape plan. Morrow: So moved Corrie: Second Tolsma: Moved by Walt, second by Bob to table the rezone ordinance until we have a landscape plan, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #21: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING WITH A Meridian City Council July 19, 1994 Page 68 PRELIMINARY PLAT FOR CHAMBERLAIN ESTATES NO. 2: Tolsma: Is there a representative here? Jim Merkle, 9550 Bethel Court, Boise, was sworn by the City Attorney. Merkle: Mr. President, members of the Council, I am here this evening on behalf of Kevin Howell the applicant. This proposal is located about 1000 feet south of Ustick Road on the east side of Locust Grove Road, just north of Chamberlain Estates Subdivision which is an approved subdivision by the same applicant just to the south. This is the northerly piece of that already approved subdivision. This application is for annexation and R-8 zoning on 9.7 acres with a 28 lot preliminary plat. This provides us a density of 2.9 lots per acre. We are proposing home sizes with a minimum of 1350 square feet which is typical for the surrounding R-8 zoning to the west side of Locust Grove and what Kevin had approved on the Chamberlain plat just to the south of us. Access to the subdivision, right now we don't have any and it will be a condition of the .city and the Highway District that we can't have access to the subdivision until this phase of Chamberlain does get constructed. Obviously our one access right now is here, we are providing stub streets to the east, to the north in this location and also some adjacent right of way at this location to punch up into this property when it develops. Pheasant Pointe access is right there. In talking with the Highway District we did not want to have this come through like that, it just creates a problem on residential streets to have through areas going a 1/4 mile. So what they are proposing to do is have the access come up and loop up into the property like that and at some point access out to Ustick. All the streets within the subdivision will be built to the Highway District standards with the addition of 5 foot sidewalks as is required by the City of Meridian. Sewer to the project will be from the extension of the 18 inch South Slough sewer trunk which will come through the site and end right here. I would like to address the existing South Slough. This dotted line right here represents the existing easement for the South Slough, it comes right through there and punches under Locust Grove. The applicant is proposing to realign this so we can have lots here back up to the south side lots back up to the front side and punch it up where it goes to Locust Grove existing. We will have the 18 foot Nampa Meridian access on the north side and we will leave 15 foot on the south side for the City's path, for the pathway plan that identifies this particular slough as a pathway plan. One point of interest, this particular lot right here, there is an existing house on that lot. right there and it right now provides access out to Locust Grove. We are wanting to continue that, that house will be tom down but we want to continue the access out here which is acceptable to the Highway District onto Locust Grove. The fact being that it just doesn't seem feasible to punch something across and put a big 7 foot (inaudible) to serve one lot so it was acceptable to leave that access out onto Locust Grove. Pressurized irrigation will be provided as the City ordinance to tie into the existing system that will be existing once it is put in for Chamberlain. Regarding • Meridian City Council July 19, 1994 Page 69 • Gary Smith's and Shari's comments, typically I provide a written response to each of them I did not do that in this case, however, if you want'to I can go through them one by one or have them question me and I can answer. But none of them are insurmountable. I can submit the stuff provide it to them, or some of the stuff Shari wanted I have already provided on this plat and submitted it to them, it is a little bit different from the Planning and Zoning. If you have any questions, or if Gary or Shari has any comment I would like to address that at that time. Crookston: What is the average size of your lots? Merkle: I don't have a calculator on me right now, but I would guess they are in excess of 8,000 square feet. If I may what I think you are getting at is the R-8 versus the R-4, the reason we are going with R-8 here is the frontage. We have deep deep lots, 140 feet, 110, 108, we have some extra wide lots, but to go to an R-4 here we would lose a couple lots. We are only 2.9 lots per acre. The surrounding use is R-8. It is kind of like the same situation we had over here on Cougar Creek, we have a narrow long side one road down the middle and we have 74 foot wide lots by a 120 and 140 in that case. So it is our opinion that the R-8 really it is not a big problem here. As far as the annexation goes we could with the development agreement set a maximum units on what is proposed tonight with the annexation. Corrie: How would the developer feel about 1400 square foot minimum homes? Merkle: He would probably rather have 1350. Corrie: Do you think he would go with the 1400, we are going to run into a problem here before too long. Merkle: I think that would be acceptable. Corrie: It would make our job a little easier down the road. Tolsma: Has this planned changed, Shari has a comment here that Block 1 is over a 1000 feet long. Merkle: Right, and that was the original submittal some 2 months ago, but since then we put the stub street in and we have eliminated that long block. Tolsma: I see the school district doesn't recommend approval of this one either, do you have any comments on that? • • Meridian City Council July 19, 1994 Page 70 Merkle: Councilman Tolsma, does it say in their letter dated May 5th. Tolsma: I was reading in the findings of fact in here. Corrie: Are they going to have a mandatory homeowners association with this? Merkle: Yes, it will probably be in accordance with Chamberlain to the South since they are trying to make it all one subdivision. Is there anything else? Tolsma: Anyone else from the public wish to offer testimony? Vern Alleman, 2101 East Ustick, was sworn by the City Attorney. Alleman: I have some concerns and I expressed them at the Planning & Zoning and I don't know what the status is at this point.. One is a question, previously this subdivision the other part of Chamberlain I believe it is, they had changed the roadways into my property and I got no notice of it. I think this was after it had been approved. What they did I approve of I think it was better all the way around, but I am concerned can they come along and change the access to my property without me having after it has been approved can they change it. And the other question is, of course it was pointed out at the Planning and Zoning that because I am agriculture that they have to provide fencing between me and the subdivision. I wonder what provision there are for that and when the fencing is to be put in and by whom the fencing is to be put in. Put in by the neighborhood association, who oversees that it is done and what type of fencing it is. I am concerned, I have been very concerned about this all through the Planning and Zoning at the Comprehensive Plan I have expressed by concerns about this. Farming and subdivisions are not compatible and it is to their advantage just as well as mine that we have good fencing between farming and subdivisions because when children get over and this has been brought out in many of the hearings, when children get over into farming and where you have livestock you are in for some problem because children can get hurt not only that we do have the South Slough there they can get into the South Slough and there can be some problem. And of course I worry about them getting into the irrigation and I have the extra problems with the irrigation and all that causes. Morrow: I think to answer your question the action the Council has taken with recent annexation requests that I think the Council has been very specific and put the developers and the development folk and realtors on notice that they are to specifically spell out within the covenants and restrictions that the agricultural uses exist immediately adjacent to those subdivisions for as long as they choose to exist that those fences go in prior to any construction in terms of actual homes so that the trash that builders have that blows into agricultural fields and gets into hay and things like that does not happen. I think that our • • Meridian City Council July 19, 1994 Page 71 staff right now is currently dealing with a development that has not put their fencing as quickly as possible and I suspect that the Council's direction if it is not quickly remedied will be to stop building permits, stop anything that goes on in that subdivision until that is remedied. So, I think that you will find that we are trying to be extremely sensitive to existing uses for as long as those folks wish to have those uses around. That both the development folk and the realtors and ultimately the buyers of the property are aware of what rights are being retained by the existing ordinance of surrounding properties. Alleman: I would compliment you on that. What type of fencing are we talking about when we talk about fencing, is there any provision for that? Tolsma: (Inaudible) Morrow: I have seen everything from 6 foot chain link with divider bars, to 6 foot cedar fencing. Alleman: So, it is just a matter of stringing a barbed wire fence and saying this Morrow: No, the fence is designed to be blocking fences that do keep trash and force quite candidly a lot of my peers are real trashy folk. And the concept is that we stop doing that, we are not the best of citizens as builders. Most builders and most people that work for builders do not recognize that pieces of siding and trash that get in a hay stack can kill a $1000 in the space of a couple of hours. And so I think that this Council and Mayor have determined that they will recognize that as an issue and deal with it very quickly. Generally speaking the fences that we are approving are fences that do not allow for sight through nor pass through debris. Alleman: And I might say pedestrians Morrow: As best we can. Alleman: I guess the other question is can they change the road access and the sewer without my knowing it once it has been approved or the way they have it drawn? Tolsma: If it was on the final plat it can't be changed. Crookston: Not without a request to amend the final plat. Alleman: Would I know about that though? I didn't know about when they changed the other portions of this subdivision. I never knew they changed it, I compliment them it was an advantage, it wasn't the way it was previously. What is to say they might do something • Meridian City Council July 19, 1994 Page 72 that wasn't an improvement and I would never know about and yet it would affect. Crookston: If there is a substantial amendment to the plat there were would have to be anew notice, but whether or not, that is kind of a subjective call as to what is substantial amendment. Alleman: The thing of it is where the sewer and roadway is as of now is as of I think it should as best it can be, but if they changed it it would not be to my advantage. That is why I don't know how to address the problem, if they come along and want to change it I don't think they will but now is the time to bring the question up. Crookston: We don't realty have anything that addresses your specific question. Alleman: So they can change it and I would never know. Crookston: Well, it depends on what kind of change it is. It may be something that you would not be notified of and it may be something that you would be . Alleman: Can we make a specific that the street and sewer won't be changed without my notification? Crookston: That is not up to me. Alleman: That would be my concern that they couldn't. Tolsma: Where do we go on this, if we approve the final plat, it is a preliminary plat (inaudible). So if this plat changes somewhere between now and the final plat what would be a significant change so that (inaudible). Corrie: That is the subjective part. I guess we could ask you to do it I suppose. Morrow: I think we handle that by making that a condition of approval because it is an annexation request. I think on the rebuttal that Mr. Merkle will address that issue. (End of Tape) Tammy DeWeerd, 2090 West Chateau, was sworn by the City Attorney. DeWeerd: I reluctantly come up again before you but I know if I wake up in the morning and haven't done it I would be really angry with myself. I apologize for extending your lack of sleep. We decided to take you up on this additional rebuttal on another public hearing Meridian City Council July 19, 1994 Page 73 • and so here I stand. I want to relay our frustration with the public hearing process, we went to planning and zoning they said they can only deny on technical merits, we went to ACRD and they say they only are a small part of the application and can't deny a development. The school district sends a letter that doesn't have any impact so they all point to you our elected officials. What is the point of a public hearing where the residents bring their concerns and want them considered. Then the discussion is closed and it is a done deal anyway, it is no wonder the residents that we tried to get to come tonight didn't come. They must have known what we found out tonight. Why can't preliminary plats be delayed so that what is brought before the Council at a public hearing is allowed to be looked into. All of the concerns that are brought forth, why aren't all residents and affected subdivisions or schools or affected schools required to be notified of new development that will affect their quality of life. Poor Councilman Morrow, he has not seen a member of the School District attend a Council meeting, have you been to a School Board meeting? Is it possibly that the school district doesn't come here because they already know that it doesn't make a difference. Will it make a difference, if it will we will take upon us personally to continue to put pressure on these people to make it to these meetings. As per the Comprehensive Plan it is stated that continued cooperation between the City and school district is there to ensure quality education. Obviously the School District doesn't see it necessary to send personal representatives to these meetings because it doesn't make a difference. Is it out of line to ask you our elected representatives to contact the school district and initiate the cooperation needed to address these immediate concerns. And not those of just selected sites, we want buildings on those sites. We need to stop pointing fingers back and forth so I ask you to be the heros and initiate a public meeting with the Council and the school officials to answer questions of growth to the public that puts you all in ofFce. A town meeting addressing the issue of growth and education of youngsters. We would be more than happy to help with this effort. Before this public meeting is closed these are the questions we would like answered and want the opportunity to address the answers and your comments if needed. Will it honestly make a difference having a school board person here attending these meeting? If it doesn't why don't you approach them and say the citizens of Meridian need answers to these concerns. Are you open to a town hall meeting? Corrie:.Yes we are open this is a town hall meeting right now. DeWeerd: A town hall meeting with the City Council and the school board to address the concerns of all this growth and what we are going to do with our kids. Corrie: You are addressing 2 separate entities here, you are addressing the school board and the City Council. School Board covers the schools, the City Council covers the City. We can't make decisions for the school board you have to go to the school board with your problems about schools being over crowded and what have you. We can't do that • Meridian City Council July 19, 1994 Page 74 decision for the school board. One of us can go there and meet with the school board but it doesn't make any difference they make their decisions of the schools and we make decisions for the City. So consequently we have 2 different town meetings our whatever you want to call it. We can't make decisions for the school system that is where you should go and make you (inaudible) or however you want to say it onto them on how you feel and then let them make their decision on what they are going to do with the schools, we can't. Now you made your decision about telling us about neighborhoods on what you want to see and what you don't want to see then we make that decision based upon findings of fact and conclusions of law. But we don't have anything to do with the schools. I have a feeling the way you are looking me either it is late or you are not hearing what I am saying or understand what I am saying. We cannot make the decisions for the schools at this Council level. DeWeerd: You put the residents in the City with the new developments and they have to find schools for them. . Corrie: It is part of a free society they can go where they want to. DeWeerd: That is true but don't we work in cooperation and can't we cooperate to address these concerns. Corrie: Yes we do DeWeerd: We have 600. new students going into a school that is already at that size. Corrie: I understand that and I am sure that everybody in this room understands but we have no control over the schools. We can't tell you to go build a school there we have no control on telling people you cannot come into Meridian. DeWeerd: You have the authority to delay passing of a new subdivision while you go out and you find out some of these facts by working with the school district. Corrie: We are going in circles here. Tolsma: We can't delay anything over a legal amount of time. DeWeerd: All I am doing is challenging to address these concerns in the public forum you and the school district sitting here together addressing to the citizens of Meridian these concems of growth and how they will be dealt with. Tolsma: The Meridian school district sends us a form letter. Meridian City Council July 19, 1994 Page 75 • DeWeerd: And they sent us the same form letter on Turtle Creek and you refer to on the Trailer park thing they said the same thing if you' look at those things. Tolsma: No, they turned down the trailer park but the other one they said they are not opposed to growth. DeWeerd: They are not opposed to growth but Tolsma: But, how is a contradictory statement like that, we are not opposed to growth except we don't want to have anymore of it. DeWeerd: But if they were here it wouldn't make a difference. Tolsma: They are never here, the only time they show up (inaudible) DeWeerd: Would it make a difference if they were here? Tolsma: It probably would Yerrington: I wonder what the percentage of students in the Meridian School District No. 2 lives inside the City of Meridian? You have part of Boise is this district, you have all the County, you have Eagle and Star and (inaudible). I bet you when you get right down to it that we don't probably have roughly a 1 /3 of the students in School District No. 2 from Meridian. DeWeerd: I agree, but we were addressing only those that impact Linder Elementary. Yerrington: -That is true, but is compacting that, but us meeting with them, unless everybody meets, Boise would have to meet because part of that district is Boise, Eagle and Star if we met and all did the same thing yes it would probably make a difference. But just ourselves meeting with them well probably not. DeWeerd: Food for thought. Morrow: Gary and Shari do you have any comments, both of you had comments with respect to this proposed project and your letters are dated May 24 and May 26 respectively. Mr. Merkle has indicated that he doesn't have his normal line by line response to your questions or comments is there anything we need to address specifically. Have you met with Mr. Merkle Gary for example and covered your twelve items? Gary Smith, 33 East Idaho, was sworn by the City Attorney. ~~ Meridian City Council July 19, 1994 Page 76 Smith: Mr. President, Councilman Morrow, I have not met with Mr. Merkle to discuss these items. I did receive a copy of a letter that an adjacent property owner wrote to Ada County Highway District concerned with the large pit that has been dug that is adjacent to his property that is apparently going to serve as a drainage bed for the number 1 subdivision which has not been, no construction has taken place on number 1 subdivision with exception of the street being excavated. And I wonder why this subdivision is even before us for the Council approval. No. 1 subdivision has not gone anywhere other than the excavation and this letter that Bud Brinegar wrote stated that he is really concerned about the size of this hole and the water that standing in it. And he is requesting that ACRD to advise him of what can be done to con'•ect this matter. And actually it is not right of way it is just a hole in the ground it is just a preliminary plat. My review on this No. 2 subdivision was done May 24th and that is 2 months ago and nothing has happened on No. 1. I guess those are my only comments. Morrow: I am a little slow will you take me through with respect to subdivision No. 1 is it entirely different subdivision than this is that correct. Smith: It is the adjacent subdivision correct, but this subdivision has access through No. 1, until No. 1 is improved this subdivision has no access. The Highway District has said in their comments that they will not sign off on the plat on No. 2 until No. 1 is an improved public access connecting that subdivision providing access to it. Morrow: So, the 2 cannot be developed at the same time? Smith: I suspect that the 2 can be developed at the same time. Morrow: Is your concern that No. 1 gets done and approved and signed off before No. 2 is started or that everybody be aware that nothing can go on No. 2 until No. 1 has been completed or jointly completed at the same time. Smith: The second part of your comment yes. It would have to be done in sequence or together, but nothing can happen to No. 2 until No. 1 is working. Morrow: Has apre-construction conference been held for No. 1 Smith: No Morrow: Why are roads being cut, is that normal? Smith: Sometimes road are cut ahead of time, I don't think pre-construction has been held on it, I don't know. Like I said 2 months ago we reviewed the plans on NO.2 I don't know • Meridian City Council July 19, 1994 Page 77 where No. 1 is other than it is back in the fog someplace. Tolsma: Any questions? Smith: One other thing Councilman Morrow, I would like to get an answer from the developer on this pit that they have written the Highway District about. Shari Stiles. 33 East Idaho, was sworn by the City Attorney. Morrow: Your comments start out with request for annexation and zoning for R-4 for 28 lots on 9.71 acres generally complies with the Comprehensive Plan and minimum requirements of the Planning and Zoning Development Ordinance. Apparently, this was written the 26th of May, apparently there has been a change from we are talking in terms of R-8 now. Stiles: Councilman Morrow and Council, that may have been a typo, but I believe it has always been proposed as R-8. Morrow: The Block 1 is over 1000 feet long a variance is required, does the redesign take care of that situation? Stiles: Yes I believe that is okay, the block probably still is over a 1000 feet long but there is nothing they are going to be able to do about it. With the south area property already approved. Morrow: Ultimately it solves the problem when the adjacent properties develop and the stub streets pass on through is that correct? Stiles: Correct. Morrow: You had a note in terms of the direct access to Locust Grove is prohibited, Block 4 has that been resolved by the Highway District's letter of consent. Stiles: Did they allow that? Morrow: Yes Stiles: I was confused because it said the building was to be removed and they were still proposing access from that lot and I didn't know why. Morrow: It sounds to. me like one of the things to do here, do you have any other • Meridian City Council July 19, 1994 Page 78 outstanding points that you wish to make in terms of your comments with this. You had 12 of them total Stiles: I guess it would be just getting the license agreement from Nampa Meridian, we are going to look into bonding the bike path along there. He does show the landscape strip. There is not a minimum house size on here yet and I believe he indicated tonight 1400 would be fine. And other than the fact that there is no school and park site in the area. Morrow: I have no other questions for Shari. Tolsma: Anybody else wish to offer testimony on this issue? Merkle: Back up to Vern Alleman's comment about the street and sewer alignment that is is proposed, we can just make a condition that what we may approve tonight is what we are going to go with at final plat and if anything changes from this substantially we will put the burden on us to contact Vern and get that resolved. Regarding Shari's comment on the lot access, as I stated earlier there is an existing house with a bunch of trees around it and the Slough comes up like this. So with our street the way it is now not us and the Highway District comparing and not connecting this street through here this basically has to loop up into the property and provide a long driveway over the slough just to do this lot seems impractical to me just when we have access on this lot existing out to the street now. And that is what we proposed and the Highway District is allowing that. So, the reason it is existing now, we are removing the house we are not leaving it there, it will be a for sale lot but we do not want to provide another 30 to 40 feet of a 6 foot pipe just for a long driveway coming down to this lot. It may provide access problems for emergency or whatever. But it is existing access now and we want to continue it. Corrie: Who owns the property north of you, there where you have that stub street out? Merkle: I am not sure of the ownership, but I believe it is a 20 acre piece that goes out to Ustick: Alleman's property is over here. Corrie: What do you intend to do, all of those at one time? Merkle: No. 1 the plans are approved, the construction plans are approved, I believe DEQ has approved the sewer and water. Kevin is working across the street in Pheasant Pointe and is working from west to east along with the trunk sewer. He does not intend on doing this concurrently with 1. He will do 1 and then he will do 2. Regarding the roads cut in phase 1 along with the pit. Back up about a year, 6 months to a year, when we did Cougar Creek and Howell Tract. on the other side of the street, we realigned the South Slough to • • Meridian City Council July 19, 1994 Page 79 provide Nampa Meridian access and the City's greenbelt, it was about 1600 feet from here down to the west. When you get further down to the west the realignment basically created a fill situation, in other words we had to get material to move the channel to the south to go between the 2 pieces of property. There wasn't enough material on these sites to fill that so as Kevin had ownership of this property over here some of this street was cut out to about this location and then the future drainage pit for the phase was excavated out to generate material to realign the Slough down further to the west. And it is his plan that when he comes through here to do his subdivision that will be graded to be the permanent swail. Right now Gary is right it is a hole in the ground but eventually it will be the permanent drainage pond for phase 1. Morrow: How deep is the hole? Merkle: Probably 5 feet. Morrow: Is there water in it? Merkle: When there is a little bit of water it percolates out. And that solves us from having to go out there an do any more drainage test pits because now we know.. 1 believe that was all that I had written down, are there any other questions? Corrie: (Inaudible) did that give you your answer on the pit Gary? Smith: The letter says there are 3 to 4 feet of water standing in the pit and mosquitos breeding. Merkle: I am not sure that is the case, when I have been out there it percolates out. When the adjacent place irrigates to the south water runs down to Locust Grove and fills it up but it percolates out. Tolsma: No more questions? Anyone else from the public wish to testify on this project? If not 1 will close the public hearing. Council members what is your decision? Morrow: I guess my first question would be is that has this changed the findings of fact and conclusions? Crookston: No Morrow: I think there are several things we want to do, the 1400 instead of 1350 and make sure in terms of the, and make sure of the sequence in terms of the agricultural fencing has that been covered? C~ Meridian City Council July 19, 1994 Page 80 • Crookston: No it hasn't been covered in the findings. It could be covered in the ordinance. Corrie: I can be covered in the ordinance and also changes from the preliminary to the final can be the same way in the ordinance. Like he requested that if there was any change he would have to be notified. Crookston: It could. Morrow: 1 would move that we adopt the findings of fact and conclusions of law as approved by the P & Z with the substitution of 1400 square feet as the minimum. Tolsma: I notice in the findings here they require a 6 foot cedar fence on the east side of this property. I just wonder if that would be compatible with (inaudible). Do you have animals on your side Vem? Alleman: (Inaudible) Tolsma: The findings of fact propose a 6 foot high cedar fence on the east side property line. Alleman: (Inaudible) Tolsma: There is also a berm over there, 25 foot landscape buffer and a 6 foot solid cedar fence. Yerrington: I will second the motion Morrow: So to refresh my memory the motion is that we are adopting the findings of fact and conclusions of law as written for the P & Z with the change of 1400 square feet instead of 1350. Tolsma: Moved by Walt, second by Max to approve the findings of fact and conclusions of law presented by P & Z with exception of a ,1400 square foot minimum house, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea MOTION CARRIED: All Yea Merkle: Can I .make one point please, it is late and I missed something, you said something about a 25 foot landscape. • • Meridian City Council July 19, 1994 Page 81 Tolsma: That was in the findings. Merkle: At the east end of the property with a 6 foot fence? Corrie: What page was that on? Tolsma: Page 3 oh I am on the wrong stuff here. Morrow: I would move that we approve the decision and recommendation of the findings of fact and conclusions of law. Corrie: Second Tolsma: Moved by Walt second by Bob to approve the decision of the findings from P 8~ Z, all those in favor? Opposed? MOTION CARRIED: All Yea Yerrington: I make a motion we have an ordinance drawn. Morrow: Would that motion include the requirement fora 6 foot screening fence to be constructed prior to any construction of residences. Yerrington: Yes Morrow: I think to be consistent with our other ones we have required that and we have also required that the covenants and restrictions notice the buyers that there is agricultural use. Second Tolsma: Moved by Max, second by Walt to have the Attorney draw up an ordinance with the conditions stated by Max and Walt that there be a 6 foot fence on the east side of the property line constructed before any other construction on the property. Yerrington: Just a question on that, their agricultural endeavors not only on the east but evidentially on the north. Now if you are going to fence the east why would you not fence the north? Corrie: Until such time as it is proven not agricultural. You can make the motion. Morrow: Do you wish to incorporate that into your motion? 4 ~ , Meridian City Council July 19, 1994 Page 82 Yerrington: Yes Morrow: I withdraw the second Yerrington: I withdraw the first and incorporate it into the original motion. Tolsma: So, now we have a fence on the north side and the east side with agricultural properties on the north and east side being protected. All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #22: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR FAWCETTS MEADOWS NO.2 BY RONALD HENRY: Tolsma: Is there a representative here? Ronald Henry, 6301 Charleston Place, Boise, was ,sworn by the City Attorney. Henry: Just to be real brief so we can go home, this is an extension to Fawcett's Meadows No. 1. It is a 5 acre parcel to the south that is going to be added to the subdivision. There are 10 lots in this proposed subdivision. In just reviewing some of Gary Smith's comments item #3, the pressurized irrigation is going to be provided. We are going to take the water out of the existing ditches and pipe it to Ten Mile Creek. Then down the creek we are going to have a pump station that lift the water out and into the pressurized irrigation system. The existing ditches across the property will be abandoned. Item #8, we will have to submit a variance for that for those 2 lots. Sewer service will be extended across Lot 9 to Lot 10. And the answer to all those questions in item #10 is yes. Shari Stiles's letter, item #4 that is a common area lot so that will be maintained by the association. And we will renumber the plat because 15 was left out for some reason. And everything else I agree with and will take care of. Tolsma: Have you responded in writing to those? Henry: No Tolsma: Have you had any conversation with Gary and Shari about this? Henry: Not specifically about some of these. We have talked about the pressurized irrigation system. Tolsma: Any comments of the Council? ~ • • MERIDIAN CITY COUNCIL MEETING: July 19 1994 APPLICANT: KEVIN HOWELL AND NUBBLE ENGINEERING AGENDA ITEM NUMBER: 20 REQUEST: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR CHAMBERLAIN ESTATES NO 2 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHObL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS P~~~Ik ~e ~~ SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS C~N~c"~~~ Y't~ ~' f ~~,,, ~~ ~~3 0~ • HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live WILLIAMG.BERG,JR.,CityClerk JANICE L. GASS, City Treasurer CITY OF MERIDIAN GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. sHAwcROFT, waste water supt. 33 EAST IDAHO KENNY w. BOWERS, Fire Chiei MERIDIAN, IDAHO 83642 W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-0433 • FAX (208) 887-4813 - Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM May 24, 1994 To: Mayor, City Council, Planning & Zoning From: Gary Smith, PE RE: CHAMBERLAIN ES ES N0.2 (Annexation, Zoning, Preliminary Plat) COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT 0. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman - Planning R Zoning I have reviewed this submittal and offer the following comments for your information and or use as conditions of the applicant during the hearing process: The annexation description needs to be amended to include the adjacent one half of Locust Grove Road. 2. The submittal vicinity map needs to show the surrounding area for one half mile in all directions from the subdivision boundary. 3. The street right of way widths need to be shown and we need street name approval letter from the Ada County Street Name Committee. 4. The existing Finch Lateral shows an existing 80 foot wide easement and relocated lateral shows a 54 foot wide easement. Submit Nampa & Meridian Irrigation District approval for this proposal. 5. What is the proposal for storm drain water disposal? 6. Two street lights will need to be added. 7. Submit proposed restrictive covenants. 8. Establish the highest seasonal groundwater level to aid builders in setting the bottom of their house footings a minimum of one foot above that elevation. 9. Show a benchmark for reference to the contour lines shown. 10. Show a landscape area adjacent to the west side of Lot 2 -Block 1 to continue what will be done across the street and to the south. ..- r • 11. What happens to the mature trees on Lot 4 -Block 1? Can they be saved? Is the existing residence on this lot to be removed? 12. What will be the status of the culvert conveying the Finch Lateral under Locust Grove Road now that property on both sides of Locust Grove Road are developing? • • HUB OF TREASURE VALLEY OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman • Planning 82oning GRANT P. KINGSFORD MEMORANDUM Mayor TO: Planning & Zoning Com fission, Mayor and Council FROM: Shan L. Stiles, Planning & Zoning Administrator DATE: May 26, 1994 SUBJECT: Annexation and Zoning with a Preliminary Plat for Chamberlain Estates No. 2 Subdivision Request for annexation and zoning of R-4 for 281ots on 9.71 acres generally complies with the Comprehensive Plan and minimum requirements of the Zoning and Development Ordinance. The following exceptions are noted: 1. Block 1 is over 1,000 feet long; a variance is required. 2. Lot 1, Block 1, should also be designated for pedestrian access. 3. Add note that direct lot access to Locust Grove Road is prohibited. Why is Lot 4 proposed as having access to Locust Grove if existing building is being removed? 4. Submit executed license agreement with Nampa-Meridian Irrigation District for relocation of South Slough (Finch Lateral). Area proposed for bike path in the City of Meridian Comprehensive Plan must be provided separately from lots. Submit composite map showing this proposed pathway. 5. Include names, addresses and telephone numbers of the owner(s) and developer on the plat. 6. Submit proposed covenants for review and approval prior to final plat submittal. 7. Include designer's initials on all plats, both preliminary and final. 8. Submit vicinity map showing relationship of proposed plat to surrounding area (1/2 mile minimum distance from exterior boundaries, scale optional). 9. Provide 20' landscape easement along Locust Grove Road to be maintained by homeowners association. Planning & Zoning Commission, Mayor and Council May 26, 1994 Page Two 10. Elementary school and park school sites are still needed in this area. Students in this subdivision will probably have to be bussed to another school outside existing boundary. 11. Show minimum house size as note on final plat and in covenants. 12. Development agreement is required as a condition of annexation. • HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live WILLIAM G. BERG, JR., City Clerk S CITY OF MERIDIAN P.EyCity Engineer GARY D. SM TH BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, waste water supt. 33 EAST IDAHO KENNY W. BOWERS, Fire Chief IDAHO 83642 MERIDIAN W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney , Phone (208) 888-0433 • FAX (208) 887.4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman • Planning & Zoning TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, may we have your answer by: Mav 24. 1994 TRANSMITTAL DATE: 5/3/94 HEARING DATE: 5/31/94 REQUEST: Annexation/zoning with a Preliminary Plat for Chamberlain Estates #2 BY: Howell Construction and Hubble Engineering LOCATION OF PROPERTY OR PROJECT: South of Ustick Road. East of Locust Grove Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF REf~LAMATION(PRELIM & FINAL PLAT) CITY FILES ~ ) - _ _ ~- /~ C , n'ru~o. `~ _ is . l .- YOUR CONCISE OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH. P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAVNE G. CROOKSTON, JR.; Attorney a ,. HUB OF TREASURE VALLEY COUNCIL MEMBERS A GOO(I PIaCe t0 L1Ve RONALD R. TOLSMA CITY OF MERIDIAN W°~ W MORROW 33 EAST IDAHO sHARI snLEs ~'~ ~I r~i Zoning Administrator MERIDIAN, IDAHO 83642 ~~~~~ ~ .+r JIM JOHNSON Phone (208) 888433 ~ FAX (208) 887813 Chairman • Planning 8 Zoning Public Works/Building Department (208) 887-2211 MAY 1 2 19.x4 GRANT P. KINGSFORD C~TIr ~~. ry:,:..,.~~ J'AN Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8~ Zoning Commission, may we have your answer by: Mav 24. 1994 TRANSMITTAL DATE: 5/3/94 HEARING DATE: 5/31/94 REQUEST: Annexation/zoning with a Preliminary Plat for Chamberlain Estates #2 BY: Howell Construction and Hubble Engineering LOCATION OF PROPERTY OR PROJECT: South of Ustick Road, East of Locust Grove Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C -WATER DEPARTMENT -SEWER DEPARTMENT -BUILDING DEPARTMENT -FIRE DEPARTMENT -POLICE DEPARTMENT -CITY ATTORNEY -CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM 8t FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES ~v // V OTHER: YOUR CONCISE REMARKS: ~ >~ O W i L rU•E •t Z 7 X77 ~~CJ /~m~ QTR 6XC f~t~ ? Z~ ~~~\~~~ a ~~ • • SUPERINTENDENT OF SCHOOLS RE~~I~~~ Bob L. Haley MAY - s ~~~~ DEPUTY SUPERINTENDENT Dan Mabe, Finance & Administration CITY OF ~'iL'-R1DIA~! DIRECTORS Sheryl Belknap, Elementary Jim Carberry, Secondary Christine Donnell, Personnel Doug Rutan, Special Services JOINT SCHOOL DISTRICT N0.2 911MERIDIANSTREET • MERIDIAN,IDAH083642 • PHONE(208)888-6701 May 5, 1994 City of Meridian 33 East Idaho Meridian, Idaho 83642 RE: Chamberlain Estates No. 2 Subdivision Dear Councilmen: I have reviewed the application for Chamberlain Estates No. 2 Subdivision and find that it includes approximately 28 homes at the median value of $100,000. We also find that this subdivision is located in census tract 103.11 and in the attendance zone for Chief Joseph Elementary, Meridian Middle School and Meridian High School. Using the above information we can predict that these homes, when completed, will house 12 elementary aged children, 8 middle school aged children, and 8 senior high aged students. At the present time Chief Joseph Elementary is at 117$ of capacity, Meridian Middle School is at 129 of capacity and Meridian High School is at 116 of capacity. The Meridian School District is not opposed to growth in our district, however this subdivision will cause increased over- crowding in all three schools. There is little opportunity to shift attendance boundaries since the surrounding schools are also well over capacity. Before we could support this subdivision, we would need land dedicated to the district or at least made available at a minimum price for a school site in this area. The site would need water and sewer service available. In addition we would need to pass another bond issue for the construction of schools. The cost per student for newly constructed schools, excluding site purchase price and offsite improvements, exceeds $5,000 per elementary student and $10,000 per middle or high school student. • We are in a difficult position and need your help in dealing with the impact of growth on schools. Sincerely, Dan Mabe Deputy Superintendent DM:gr <. • i ~~~~~~~~ MAY 3 1 1994 cr~rv ~~ ~~~~~r~~ GLENN J. RHOGES, President SHERRY R. HUBER, Vice President JAMES E. BRUCE, Secretary May 25, 1994 TO: Kevin Howell Howell Construction 6901 W. Emerald Boise ID 83704 FROM: Larry Sale, Super 'sor Developmen ~,'c 7 ', SUBJECT: CHAMBERLAIN STAT S~STdBDIVISION NO. 2 - PRELIMINARY PLAT On May 25, 1994, the Commissioners of the Ada County Highway District (hereafter called "District") took action on the Preliminary Plat as stated on the attached staff report. In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: 1. Drainage plans shall be submitted and subject to review and approval by the District. 2. If public street improvements are reciuired: Prior to any construction within the existing or proposed public right-of- way, the following shall be submitted and subject to review and approval by the District: a. Three complete sets of detailed street construction drawings prepared by an Idaho Registered Professional Engineer, together with payment of plan review fee. b. Execute an Inspection Agreement between the Developer and the District together with initial payment deposit for inspection and/or testing services. c. Complete all street improvements to the satisfaction of the District, or execute Surety Agreement between the Developer and the District to guarantee the completion of construction of all street improvements. ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 • GLENN J. RHODES, President SHERRY R. HUBER, Vice President JAMES E. BRUCE, Secretary TO: ACRD Commission INTER-DEPARTMENT CORRESPONDENCE CHMBEST2/DSTECH 5-25-94 DATE: May 23, 1994 FROM: SUBJECT: Development Services PRELIMINARY PLAT - CHAMBERLAIN ESTATES SUBDIVISION NO. 2 Annexation/Zoning (Developer - Howell Construction, Kevin Howell, 6901 W. Emerald, Boise, ID 83704) (Engineer/Surveyor - Hubble Engineering, Inc., 9550 Bethel Ct., Boise, ID 83709) FACTS & FINDINGS: 1. Chamberlain Estates Subdivision No. 2 is a 9.7 acre, 28-lot, single family residential subdivision located on the east side of Locust Grove Road approximately 630-feet south of Ustick Road. There are 1420-feet of new public streets planned. This project has no street frontage on any existing public street other than Locust Grove, which will be access restrict- ed. This application includes annexation by Meridian and a zone change from R-T to R-8. 2. GENERAL INFORMATION: LEAD AGENCY - Meridian ACRES - 9.7 FEET OF NEW PUBLIC STREETS - 1420 LOTS - 28 ZONING - Existing R-T; Proposed R-8 ESTIMATED VEHICLE TRIPS PER DAY - 280 TRAFFIC ANALYSIS ZONE - 265 L.F. OF FRONTAGE ON Locust Grove - 323-feet MOST RECENT TRAFFIC COUNTS - Date 1/18/94 Volume 2,794 FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Minor Arterial ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - Lane EXISTING RIGHT-OF-WAY - 50-feet ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 ' PRELIMINARY PLAT• CHAMBERLAIN ESTATES SUBDI~SION NO. 2 May 23, 1994 Page 3 SITE SPECIFIC REQUIREMENTS: 1. Dedicate 45-feet of right-of-way frcm the centerline of Locust Grove Road abutting parcel (20 additional feet). The owner will be compensated for this additional right-of-way from available impact fee revenues in this benefit zone. 2. Provide a deposit to the Public Rights-of-Way Trust Fund at the District for the required street improvements (5-foot sidewalks) on Locust Grove abutting parcel. 3. With the exception of Lot 4, Block 1, direct lot or parcel access to Locust Grove is prohibited, in compliance with Dis- trict policy. Lot access restrictions shall be stated on the final plat. 4. Provide stub streets to the north and east property line as shown on the preliminary plat. Connect with the existing street in Chamberlain Estates No.l (Cougar Creek Drive) on the south property boundary. 5. Provide 100-feet of right-of-way on the northwest end of pro- posed Chanterelle Drive on the north property boundary. 6. The District will not sign the plat for any part of this project until the adjacent street system that it connects to becomes part of the public street system. STANDARD REQUIREMENTS: 1. Street and drainage improvements required ~n the public right- of-way shall be designed and construc~ced in conformance with District standards and policies. 2. Dedicated streets and drainage systems shall be designed and constructed in conformance with District standards and poli- cies. 3. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACRD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 4. Provide written approval from the appropriate irriga- tion/drainage district authorizing storm runoff into their system. 5. Locate obstructions (utility facilities, irrigation and drain- age appurtenances, etc.) outside of Lhe proposed street im- PRELIMINARY PLAT• CHAMBERLAIN ESTATES SUBDIeISION NO. 2 May 23, 1994 Page 5 14. A request for modification, variance or waiver of any require- ment or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity. Should you have any questions or comments, please contact the Development Services Division at 345-7662. STAFF SUBMITTING: DATE OF COMMISSION APPROVAL: Larry sale 1rfAY 2 5 1994 ~- Y ~~ ~~ ~, . 3 I ~ ~ ~ I "f 1 f I ; •~ I I • ` • '~~ ' _ ~ r u'i 1 ~` !~~ 1 ' ~ u~ e v I ~ yi < u ~ 1 ~ j si Sri Q H~ I ~. a m '~ ; I . > 1 ' 1 oi~ v ~~ I ~ z 3~ , 1 1 r 1 __ ~ _w-slr _ N .w~Rm t ~ Z ~ ""' W ? n 1 r ~ c I / ~/ R ~ k 1~ i ~ © WF- ~ p ~I o F~- I j ~ ..I ~ I 1 ~ r I J g o g ~ ...\ I ~ ~ I " ~NIY.. _ - 7wO I I ~ I - - I I .Nth 'S"~~ ~~ ~T'liKf-~-p I \,11 g ~ ' I ,r ..» ~.. ~a ~ ~ ~ \l ~ 1 w 1 \\ 1 ® ® ya ® 1 \ \\ ~ I 7 S I ~ I~^ O ` \~ ~ O ~ I Y I ' V I Z 1`\\` .\. `\\ ~'1 I ill ~l ' ~` \• \` SYII I ~~ I ` ~ ^ \~~` ~ 6~~\O 3 1 ' ~' ~~~ I 11 a V~ 1 t8r ~ ~' \ ~~ ` Q ~ I ~ \ r ` I~ `~\ \\ \ a 111 , I O I 11 1 ~ I ` g ,I~, I .~ I I ~ ~ ~~ i ~^ ~ I I ~ ` ~ ~' `~~~ III ~ a ~ ~~ \ e ~ I I I ~ ~ ~ I I a ~ ~ ~~ ~ ~ ~, ~ ` ~h~j Q p p i<7~ 701 I ~ ® ~ ~f I IA \V $ I II `~ i ![R ~ ~ . ~ ;r g g I~ g ~ I~ o I ~ f ~ I"I I ~~ I 1 ~ ~o~$~ ~~~ ~W " ~ - _- • _- -, rHrn ~ I ~ ~~ V', ~ Iy' ® 0~ ~~ j if ~_ ~ it '~ ~ ~ I I ~~~:i~ ~~ n f O ~' g ilk ~ ~o I ~, ~f ~ © o a$~~~t~$~ ~ I ~ = II z a ": r r ~w\ ~ I I x ; w IR ~O ~ I I R O I I ~~ ~I= O {\1 0 31 I ! ~ ~ ~. ~ I 1 I , ~~ ~~' ~l ~~ o ~ , I ,; I a '~ ` ; ~ ~ , © i / : ~ I I/ I~ O ` ` O ~ ! t " Q ? 1 i ~ I ~ / ~ ~~ ,~~~BI~~ I - ;~ , t 9 /, i f r I I I I I ~:~ ~ ' I ~ ~!!~J I I I I ..Y ~ O I O ~ ~ I - a ^ I I I I I `, i~ III i o I ~ ~ p 1 ', ® m I I. SUBDIVISION EVALUATION SHEET MAY 1 6 199 C'l~'Y OF MERIDIAN Proposed Development Name CHAMBERLAIN ESTATES SUB NO. 2 City MERIDIAN Date Reviewed 5/12/94 Preliminary Stage XXXXX Final Engineer/Developer Hubble Enqr. /Howell Construction The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee per the requirements of the IDAHO STATE CODE. _ n The Street name comments listed below are made by the members of the STREET NAME COMMITTEE (under direction of the Ada County Engineer) development in accordance with the Boise City Street Name Ordinance. _ Date 5 /Z ~- ADA C UN Y regarding this The following existing street names shall appear on the plat as: "E. USTICK ROAD" "N. LOCUST GROVE ROAD" street and therefore shall be named: "N. LAUGHRIDGE AVENUE" The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. jj~~ ADA COUNTY STREET NAME COMMITTEE, ~(G~NCY R RE NTATIVES OR DESIGNEES Ada County Engineer John Priester Date S /y Ada Planning Assoc. Terri Raynor ~--` ~~ Date ~ ~- ~~ Meridian Fire District Representative Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index NUMBERING OF LOTS AND BLOCKS ~~ ~iQ,d~l~. ~E'/~~,bS 0,~1 wNiGl~ O~l~.s6is TRISUBS\SM CITY.FRM s~,~ ~~Z~C7l Fi~GST c~~~~~'/j Z/f16~ The street shown on the plat as "COUGAR CREEK DRIVE" is in alignment with an existing CENTRAL _, ~ •• DISTRICT ~HfALTH ~ECE~~V~~ Return to: DEPARTMENT ^ BOISe REVIEW SHEET MAY ~ 2 ~9s4 ^ Eag~ CITY ~~ ~c~,.~Jl~~ ^ Garden City ~, Meridian Rezone # ^ Kuna use # ^ ACz relimina /Final/Short Plat ~~i`tl3r~l..~r ~S'Ti~l-i~S ic/a• aZ ^ 1. We have no objections to this proposal. ^ 2. We recommend denial of this proposal. ^ 3. Spec'rfic knowledge as to the exact type of use must be provided before we can commern on this proposal. ^ 4. We will require more data concerning soil conditions on this proposal before we can commern. ^ 5. Before we can commern concerning individual sewge disposal, we will require more data concerning the depth of ^ high seasonal ground water ^ solid lava from original grade ^ 6. W n approve this proposal for individual sewage disposal to be located above solid lava layers: a 2 feet ^ 4 feet 7. After written approval from appropriate entities are submitted, we can approve this proposal for: 8. 9. ^ 10. Cenrral .sewage ^ Community sewage system ^ Community water well ^ Interim sewage ® Cenrral water ^ Individual sewage ^ Individual water The following plan(s) must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmernal Quality: ® Central sewage ^ Community sewage system^ Community water ^ Sewage dry lines ~ Cenrral water Street runoff is not to create a mosquito breeding probelm. This department would recommend deferral urnil high seasonal ground water can be determined rf other considerations indicate approval. ^ 11. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 12. We will require plans be submitted for a plan reiew for any: ^ Food establishment ^ Swimming pools or spas ^ Child Care Cerner ^ Beverage establishment ^ Grocery store 13: c.~-piP1`~1N~~iC /y~N~M~~ ,5~~-~~ ~aT- DATE: cS v 9 7SEG~+-r~~ u,,re~~ Qutti7-y, ~pL'(/M4~7~-i7o~ Reviewed by: G .Sf1~1~ {~~ ~/'"dl~~(C~ ; ~ E/~10n/STr2Q~S ~~S , CDHD 10-91 rcb IREC~~ ~~ CITY OF ,'~FRIDIA~ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 Meridian Planning & Zoning Commission 33 East Idaho Meridian, Idaho 83642 Re: Annexation/Zoning Chamberlain Estates No. 2 Commissioners: OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 The Nampa & Meridian Irrigation District has no problems with the annexation and zoning and preliminary plat for Chamberlain Estates No. 2. Nampa & Meridian Irrigation District's Finch Lateral and, possibly, the Onweiler Lateral are within this area. The District will need to a complete review for any encroachments or for any relocations of the District's facilities. The Nampa & Meridian Irrigation District will need to do a review on all drainage from this site. All laterals and waste ways must be protected. Nampa & Meridian Irrigation District recommends that pressurized urban irrigation water be placed within the subdivision. This District requires that a Land Use Change/Site Development application be filed for review prior to final platting. Contact Donna Moore at 343-1884 or 466-7861 for further information. Sincerel , John P. Anderson District Water Superintendent pc: Bill Henson File - office File - shop V'~.Y:, APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 13 May 1994 ~v • '~a~ir~ea & ~l~~udta~ ~Imcigat~o~ Dtafictct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 James C. Merkle Hubble Engineering, Inc. 9550 West Bethel Court Boise, ID 83709 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 465-0663 Boise 345-2431 RE: Land Use Change Application for Chamberlain Estates Sub No. 2 Dear Mr. Merkle: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above- referenced development. You were previously sent a complete packet of information concerning Land Use Change, urban irrigation, and exclusion. If you have any questions concerning this matter please feel free to call on Donna Moore at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, DAREN R. COON, SECRETARY/TREASURER NAMPA & MERIDIAN IRRIGATION DISTRICT DRC/dnm cc: File Water Superintendent Howell Construction Meridian Planning and Zoning enc. ~oQ~ APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PRO1ECi RIGHTS •40,000 17 May 1994 • HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS ,~ WILLIAM G.BERG,JR.,CityClerk JANICE L. GASS, City Treasurer CITY OF MERIDIAN °~~ 1994 RONALD R. TOLSMA MAXYERRINGTON pOBERT D. CORRIt: GARY D. SMITH, P.E. City Engineer WALT W. MORROW BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, waste water supt. 33 EAST IDAHO' sHARI sTILEs KENNY W. BOWERS, Fire Chiet MERIDIAN, IDAHO 83642 Planner S Zoning Administrator W.L. "BILL" GORDON, Police Chlet ` ~ JIM JOHNSON WAYNE G. CROOKSTON, JR.; Attorney Phone (208) 888433 ~ FAX (208) 887813 1'>+ ~G E~~ E Chairman • Planning 6 Zoning Public Works/Building Department (208) 887-2211)[1. GRANT P. KINGSFORD MAY 2 0 1994 • Mayor 7c • ~ `~d TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROaECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning. Commission, may we have your answer by: Mav 24. 1994 TRANSMITTAL DATE: 5/3/94 HEARING DATE: 5/31/94 REQUEST: Annexation/zoning with a Preliminary Plat for Chamberlain Estates #2 BY: Howell Construction and Hubble Engineering ' LOCATION OF PROPERTY OR PROJECT: South of Ustick Road. East of Locust Grove Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT f ITV ~TTf1RAIFV MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ' ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT , SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM ~ FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8t FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: We require a permanent 10-foot wide public utilities easement along all lots adjacent to a road right-of-way dedicated to public or private use. Tim Adams Idaho Power ~~ ~'el9~r'3 322-2047 `.,1-~~ • HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS WILLIAM G.BERG,JR.,CityClerk RONALO R. TOLSMA MAXYERRINGTON JANICE L. GASS, Clty Treaaurer CITY OF MERIDI ROBERT 0. CORRIE AN GARY 0. SMITH, P.E. Clty Engineer WALT W. MORROW BRUCE 0. STUART, Water WOrka Supt. JOHN T. SHAWCROFT, Waate Water SUDI. 33 EAST IDAHO SHARI STILES KENNY W, BOWERS, Flre Chief IDAHO 83642 MERIDIAN Planner 8 ZONnp AAm~mstrator . W.4 "BtLL" GOROON, Police Chief , ~~C ~~~ JIM JOHNSON WAYNEG. CROOKSTON, JR., Attorney PhOOe (2O8) 888-4433 • FAX (208) 887ft813 airman - Plamm~p 8 2on~ng Public Works/Building Department (208) 887-2211 1 ~ y~ J U - 9 1994 GRANT P. KINGSFORD !tl . Mayor C~ OF MERIDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations wiU be considered by the Meridian Planning &~ Zoning Commission, may we have your answer by: Mav 24. 1994 TRANSMITTAL DATE: 5/3/94 HEARING DATE: 5/31/94 REQUEST: Annexation/zoning with a Preliminary Plat for Chamberlain Estates #2 BY: Howell Construction and Hubble Engineering LOCATION OF PROPERTY OR PROJECT: South of Ustick Road, East of Locust Grove Road JIM JOHNSON, P1Z MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM 8t FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: US WEST REQUEST A 10' EASEMENT ALONG FRONT AND REAR PROPERTY LINES, AND A 5' EASEMENT ALONG ALL SIDE LOT LINES. SIGNED: A.J. CARL30N I • Meridian Planning & Zoning June 14, 1994 Page 11 approve these findings of fact andconclusionss of law. Alidjani: Second Johnson: Moved and seconded to approve the findings of fact and conclusions of law with the 2 typos mentioned, roll call vote. ROLL CALL VOTE: Hepper -Aye, Rountree -Aye, Shearer -Aye, Alidjani -Aye MOTION CARRIED: All Yea Johnson: Decision or recommendation to the City Council. Shearer. I move the Meridian Planning & Zoning Commission hereby recommend to the City Council of the City of Meridian that they approve the annexation and zoning as stated above for the property described in the application with the conclusions set forth in the findings of fact and conclusions of law. And that if the conditions are not met that the property be de-annexed. Rountree: Second Johnson: Moved and second to pass a recommendation onto the City Council as stated, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CHAMBERLAIN ESTATES NO.2 ANNEXATION AND ZONING WITH A PRELIMINARY PLAT: Alidjani: I have a change on page 14, the same word, it should be City Council of the City of Meridian instead of City Planning & Zoning Commission of the City of Meridian. Johnson: Any others? Any discussion? Anybody care to make a recommendation? Alidjani: Mr. Chairman, I make a motion that the Planning & Zoning Commission hereby adopt and approve these findings of fact. Shearer: Second Johnson: We have a motion with a second to approve the findings of fact and conclusions of law for Chamberlain Estates No. 2, roll calf vote. • ~ ~ BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION KEVIN HOWELL ANNEXATION AND ZONING NE 1/4, Section,~5, T. 3N., R.lE., B.M., Ada County CHAMBERLAIN ESTATES #2 SUBDIVISION MERIDIAN, IDAHO FINDINGS OF FACT AND CONCI+USTONS OF LAW The above entitled annexation and zoning application having come on for consideration on May 31, 1994, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing through his engineer, Jim Merkle, and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT. 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for Nlay 31, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the May 31, 1994, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. That the property included in the application for FINDINGS OF FACT & CONCLUSIONS OF LAW Page -1 • • annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is approximately nine and 8/10 acres in'size; the property is south of Ustick Road and West of Locust Grove Road. 3. That the property is presently zoned by Ada County as (RT) Rural Transition and the proposed use would be for R-8 Residential type development; that the Applicant states in his subdivision application that the subdivision lot size would be a minimum or 6,500 square feet, that the preliminary plat submitted for approval also show that most of the lots are substantially greater than 6,500 square feet; that there would be 28 lots in the proposed subdivision; that the Applicant in its subdivision application states that the minimum square footage of home would be per the Ordinance, that there would be 2.88 lots per acre. 4. The general area surrounding the property is used agriculturally and residentially; that the residential property is developed in the R-8, Residential fashion, but only with single family dwellings; that most subdivisions in the area, except for Chamberlain Estates No 1, were annexed with the condition that the minimum house size be 1,350 .square feet. 5. That the property is adjacent and abutting to the present City limits. 6. The Applicant is the owner of record of the property and has submitted the request for this Application for annexation and zoning. 7. That the property included in the annexation and zoning FINDINGS OF FACT & CONCLUSIONS OF LAW Page -2 • • application is within the Area of Impact of the City of Meridian. 8. That the entire parcel of ground is included within the Meridian Urban Service Planning Ares as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 9. That the Application requests that the parcel be annexed and zoned R-8 Residential; that the present use of the property is for agriculture and a house; that the intended development of the property is for an R-8 subdivision and the subdivision Application states the density would be approximately 2.88 dwelling units per acre. 10. The Applicant's representative stated that they would install pressurized irrigation both in this subdivision and in Chamberlain Estates No 1; that they would re-align the South Slough; that the house would be removed but that they would try to save as many trees as possible; that there would be a common lot along the South Slough for maintenance; that there would be a 20 foot landscaped berm and fence; that a fence would be placed along the South Slough along the back of the lots; that there would be fencing along lots on the north; and that there would be fencing along stub streets to the north and east subdivisions access will be from Finch Creek to the east. 11. That the subdivisions to the west have not been fencing the South Slough but have been landscaping the Slough. 12. That comments were received from the Meridian City Engineer, City Planning Director, Fire Department, Police Department, Meridian School District, Ada County Street Name FINDINGS OF FACT & CONCLUSIONS OF LAW Page -3 • Committee, Central District Health Department, Nampa & Meridian Irrigation District, and Idaho Power Company, and they are incorporated herein as if set forth'~in full. 13. The Meridian City Engineer, Gary Smith commented, among other things, that the annexation legal description needs to be amended to include the adjacent one half of Locust Grove Road, that restrictive covenants need to be submitted, and that the highest seasonal groundwater level needs to be established to aid builders in setting the bottom of their house footings a minunum of one foot above that elevation; and the Planning Director, Shari Stiles commented that a license agreement with Nampa & Meridian Irrigation District needs to be executed for the relocation of the South Slough; that the area for a proposed bike path must be provided separately from lots; that covenants need to be submitted; that a 20 foot landscaped easement along lgr maintained by a homeowners association needs to be provided; that an elementary school site still needs to be provided in this area; that a development agreement is required as a condition of annexation. 14. The Meridian School District's comment in another annexation request where the, students would be in the Chief Joseph attendance zone was that the subdivision proposed for the land would mean 42 elementary aged children, 32 middle school aged children and 29 senior high aged students; that Chief Joseph Elementary School is at 117 of capacity, Meridian Middle School at 130 of capacity and the Meridian High School at 117$ of capacity; the District went on to state as follows: FINDINGS OF FACT & CONCLUSIONS OF LAW Page -4 u • "Considering these facts, Meridian School District can not recommend approval of this subdivision at this time. If and when you do, it will be a certainty that students from this subdivision will be transferred outside of Chief Joseph Elementary attendance zone. Tlie school district will have to be allowed time to review an alternative solution to the attendance problem."; the Meridian School District did submit a comment for this Application and such is incorporated herein as if set forth in full; its comment was that this subdivision will cause increased overcrowding in all three schools; that before they could support this subdivision, land needs to be dedicated to the district or at least made available for a school site in this area; that the site would need water and sewer service available." 15. That two people .testified on this Application; Vern Allmen stated that he wants there to be fencing along the South Slough, that he .had concerns over irrigation, that he wanted fencing of the perimeter of the subdivision to prevent trash from dispersing, and that he wondered about in the road layout; Don Bryan testified that there should be fences constructed to separate subdivisions and agricultural land. 16 That the property is shown on the Meridian Comprehensive Plan as being in a Single Family Residential area. 17. That in the Rural Area section of the Comprehensive Plan, Land Use, Rural Areas, Section 6.3, it does state that land in agricultural activity should so remain in agricultural activity until urban services can be provided. 18. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for FINDINGS OF FACT & CONCLUSIONS OF LAW Page -5 • agricultural uses to be developed into residential subdivision lots. 19. That the property can be physically serviced with City water and sewer. 20. That the R-8, Residential District is described in the Zoning Ordinance, 11-2-408 B. 4 as follows: 1R-8) Medium Density Residential District: The purpose of the (R-8) Districts is to permit the establishment of single and two (2) family dwellings at a density not exceeding eight (8) dwelling units per acre. This district delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two (2) family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal Water and Sewer systems of the City of Meridian is required. that the R-8 zoning district requires a minimum of 1, 300 square feet to be included in houses in that zone; that the Applicant's representative stated that the subdivision eventually applied for would comply with the neighborhood. 21. That the Meridian Comprehensive Plan, under Land Use, Residential Policies, 2.1U states as follows: "Support a variety of residential categories (urban, rural, single-family, multi-family, townhouses, apartments, condominiums, etc. ) for the purpose of providing the City with a range of affordable housing opportunities." 22. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.3 c., it states as follows: "Within the Urban Service Planning Area development may occur in densities as low as 3 dwellings per acre if physical connection is made to existing City of Meridian water and sewer service and the property is platted and subdivided . FINDINGS OF FACT & CONCLUSIONS OF LAW Page -6 • 23. That the Meridian Comprehensive Plan, .under Land Use, Rural Areas, 6.4, it states as follows: "Residential development is allowed in the rural area provided that said development does not exceed the Rural Residential Agricultural density, unless it is inside the Urban Service Planning Area and City sewer and water is provided, then Low, Medium and High density .residential may be considered. All residential development must also comply with the other appropriate sections of this plan." 24. That the Meridian Comprehensive Plan, under Housing, Housing Policies, at page 66, it states as follows: "1.1 The City of Meridian intends to provide for a wide diversity of housing types (single-family, modular, mobile homes, multi-family, townhouses arrangements), ." "1.3 An open housing market for all persons, regardless of race, sex, age, religion or ethnic background." "1.4 The development of housing for all income groups close to employment and shopping centers should be encouraged." 25. That there is a population influx into the City of Meridian at the present time which has been going on for some time and is likely to continue; that the land is relatively close to Meridian and economic conditions are making it difficult to continue farming in the area. 26. That the City Engineer has previously submitted comment in different applications that a determination of ground water level and subsurface soil conditions should be made; that such a comment is equally applicable to this Application. 27. That in prior requests for annexation and zoning in this area the previous Zoning Administrator has commented that annexation could be conditioned on a development agreement including an impact fee to help acquire a future school or park FINDINGS OF FACT & CONCLUSIONS OF LAW Page -7 • • site to serve the area and that annexations should be subject to impact fees for park, police, and fire services as determined by the city and designated in an approved development agreement; that such comment is equally applicable ~o this Application. 28. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision."; that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the City knows that the increase in population does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and the City knows that the increase in population does not provide sufficient tax base to provide for school services to current and future students. 29. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a FINDINGS OF FACT & CONCLUSIONS OF LAW Page -8 C~ • development fee or a transfer fee on residential property, which, if possible, would be retroactive and apply to all residential lots in the City because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 30. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide." 31. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement." 32. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" 33. That Section 11-9-605 R states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi- improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; FINDINGS OF FACT & CONCLUSIONS OF LAW Page -9 • • 3. To play a major role in conserving area scenic and natural value, especially waterways, drainages. and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5 . To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." 34. That Section 11-9-605 L states as follows: Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Planning and Zoning Commission shall consider the Bicycle-Pedestrian Design Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. 35. That proper notice was given as required by law and all procedures before. the Planning and Zoning Commission were given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a Legislative function. 3. That the Planning and Zoning Commission has judged this FINDINGS OF FACT & CONCLUSIONS OF LAW Page -10 • annexation and zoning application under Section 50-222, Idaho Code, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, the Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the annexation is contiguous to the present City limits of the, City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant, which is not the titled owner, and the annexation is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P.D 1075 (1983.). 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, Section 11-9-605 M., which pertains to the tiling of ditches and water ways, and Section 11-9-606 B 14., which pertains to pressurized irrigation; that the Applicant will be required to FINDINGS OF FACT & CONCLUSIONS OF LAW Page -11 • • connect to Meridian water and sewer; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a~~condition of annexation the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G. , H 2, R, L and prior comments of the previous Planning Director, Wayne Forrey,'relating to the lack of adequate recreation facilities and that land set aside for a future park would be desirable, that the City is in need of land set- asides for future public service use, that a school site was not reserved; that the development agreement shall, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any development fee or transfer fee adopted by the City; that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de-annexation and loss of City services, if the requirements of this paragraph are not met. 10. That the Applicant's property is in compliance with the Comprehensive Plan, and therefore the annexation and zoning Application is in conformance with the Comprehensive Plan. 11. That the requirements of the Meridian City Engineer, including those he specifically stated in his comments and those stated herein in these Findings and Conclusions, and of the Ada County Highway District, Nampa & Meridian Irrigation District, FINDINGS OF FACT & CONCLUSIONS OF LAW Page -12 • Meridian Fire Department, Idaho Power, and the comments of the Meridian Planning Director referenced herein, shall be met and addressed in a development Agreement. 12. That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled the property shall be subject to de-annexation; that the Applicant shall be required to install a pressurized irrigation system, and if not so done the property shall be subject to de-annexation. 13. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land; that the development of the property shall be subject to and controlled.. by the Subdivision and Development Ordinance. 14. That as a condition of annexation the house size of 1,350 square feet must be met; that this is concluded as a condition of annexation because most of the other subdivisions in this area have that as a condition of annexation and it was only not required of Chamberlain Estates No. 1 due to an oversight. 15. That proper and adequate access to the property is available and will have to be maintained. 16. That these conditions shall run with the land and bind the applicant and its assigns. 17. With compliance of the conditions contained herein, the annexation and zoning of R-8 Residential would be in the best interest of the City of Meridian. 18. That if these conditions of approval are not met the FINDINGS OF FACT & CONCLUSIONS OF LAW Page -13 • property shall be subject to de-annexation. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) VOTED VOTED ~ ~~ VOTED VO VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City of the City of Meridian •~uhe~~ that they approve the annexation and zoning as stated above for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and that if the conditions are not met that the property be de-annexed. MOTION : ~,~ APPROVED ~ DISAPPROVED: FINDINGS OF FACT & CONCLUSIONS OF LAW Page -14 • APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions this !,_,lt~day of July, 1994. ROLL CALL COUNCILMAN MORROW VOTED ~ ,T COUNCILMAN YERRINGTON VOTED~_ ~`~ COUNCILMAN CORRIE VOTED ~ ~ ~ T COUNCILMAN TOLSMA VOTED MAYOR KINGSFORD (TIE BREAKER) VOTED (INITIAL) APPROVED ~ DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW - • • Meridian Planning & Zoning May 31, 1994 Page 36 Rountree: Any other questions? Thanks Jim, anyone else wish to testify? Seeing none I will close the public hearing. Discussion, comments, recommendations. Nobody wants to make a motion. Shearer: 1 move we have the Attorney prepare findings of fact and conclusions of law for this project. Hepper: Second Rountree: It has been moved and seconded that we have findings of facts and conclusions prepared, all those in favor? Opposed? MOTION CARRIED: All yea ITEM #6: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR CHAMBERLAIN ESTATES NO. 2, 28 LOTS BY HOWELL CONSTRUCTION AND RUBBLE ENGINEERING: Rountree: 1 will now open the public hearing, someone from the applicant. (End of Tape) Jim Merkle, 9550 Bethel Court, was sworn by the City Attorney. Merkle: I am here this evening on behalf of Kevin Howell the applicant. Again I have the Highway District's comments for your packet which shows a little map on it for the vicinity of the project. The second or third to last page kind of shows a vicinity map for you to look at. This application is located about a 1000 feet south of Ustick Road on the east side of Locust Grove. This is just directly north of the Chamberlain Estates subdivision which is an approved subdivision just beginning construction. This application is for annexation R- 8zoning on 9.7 acres with 28 lot preliminary plat, this provides a density of 2.9 lots per acre. Which is well under the R-8 zoning, the reason for the R-8 request is the lot width requirement, your R-4 zoning requires 80 and we have some deep lots here and we want to keep the widths down to 70 or below and still have the lot square footage of an R-4 and the density of an R-4 but have an R-8 zoning to provide us with some relief on the width of the lots. The applicant is proposing home sizes with a minimum of 1300 square feet which is similar to what was approved on Chamberlain Estates. Access to the subdivision will be from a future street, which is not constructed yet in Chamberlain Estates at the southeast corner. Also, 2 stub streets are proposed, one to the north, one to the east. Also the culdesac at the west end will have right of way that touches the adjacent right of way so that in the event that the property to the north develops they can take that road up • • Meridian Planning & Zoning May 31, 1994 Page 37 and out wherever they see fit. I would like to point out the entrance to Pheasant Pointe or Howell Tract is right here. to talking to the Highway District they did not want a direct connection like this to provide basically a residential street to act as a collector in the long run. We have the situation where we have a (inaudible) by a 1/4 mile and he thought that this piece could just loop back up and around and access out onto Ustick Road. So there will be a piece of right of way touching there so they can take this road off whichever direction they want to into that particular street right there. Again we met with the Highway district at the technical review on May 20th and they recommended approval as proposed. The streets within this subdivision will be built to the Highway Districts standards, 50 foot of right of way, 36 foot streets and 5 foot sidewalks as required by Meridian. Sewer for the project will be provided by the extension of the 18 inch south slough trunk which is now located at the street entrance on Locust Grove to Pheasant Pointe. That will be run through a sewer access common lot which is in Green and right onto the east. This trunk sewer will eventually serve the City's impact area all the way to a 1/4 mile west of Cloverdale road. Water for the subdivision will be extended from the lines Chamberlain Estates 1 once those are installed. The applicant doesn't anticipate developing this particular piece until after Chamberlain which is to the south of him is completely developed, that would be one to 2 years. So this is something that is down the road. The existing south slough or Finch Lateral whichever you want to call it traverses this property in the vicinity of the dashed line. It comes into the property at the north and kind of traverses through and back up onto the culvert of Locust Grove. We are proposing the realign this ditch as was done between Howell Tract and Cougar Creek and that is represented by the solid line. The realignment will provide obviously room for the water to traverse but also for Nampa Meridian's access road on the north side, they do not have any access road right there now. They just drive through the pasture to get to it. There witl be an access road on the north side and then room for the future city pathway on the south. As I said the new alignment which is not too much different as it is shown in the solid. Pressurized irrigation for the subdivision will be provided to these lots and tied into the system that will tie provided in Chamberlain Estates. This is the same developer that did Chamberlain and he kind of went back and rethought his conclusion on pressurized irrigation and is going to provide for Chamberlain as well as Chamberlain 2, this proposal. I would like to address the City Engineer's comments on this proposal. Again I would like to state for both Gary and Shari's benefit that I will be providing a written list of responses to each of these items to their satisfaction before we go to Council. 1 think it is a good idea to eliminate some miscommunication. Particularly I would like to talk about his comments about Lot 4 -Block 1, that was item 11, what happens the mature trees on Lot 4 -Block 1, can they be saved as existing residents on this lot to be removed. Again we have a situation where there is an existing residence south and west of the existing ditch of the proposed ditch and isolated from the rest of the subdivision. The applicant is proposing the demolish, remove the house, save as many trees as he can but still allow this lot to have access to Locust Grove. The remainder of the subdivision will have interior • • Meridian Planning & Zoning May 31, 1994 Page 38 circulation. Because of the alignment of the ditch, slough it is not practical for his to put a driveway across (inaudible). We have discussed this situation with the Highway District and since there is an existing residence there even though t is going to be removed they will still (inaudible) and allow this to have access to Locust Grove. His comment #12, regarding status of the culvert under Locust Grove, there are no requirements to provide good or bad there are no requirements at this time by the Highway District to provide widening for Locust Grove, it is on their 5 year plan for improvements. Which I think it was spoken about earlier possibly 1996 or 1997 I don't know when they are going to improve it. But the requirements up and down Locust Grove right now are just to deed the right of way 45 foot, trust fund for the sidewalks but not to improve or widen curb, gutter, sidewalk or streets. So, in my opinion that culvert will stay as it is until the Highway District comes through and does the project probably from Fairview all the way up to north of Ustick. Regarding Shari Stiles comments, again we will provide her with a list addressing each of these items particularly though items 1 and 2 we can comply with. Again we have this 1000 foot long issue that is in your ordinance for Block length. The block length on the south, the proposal to the south of us between our proposal and it, we are in excess of 1000 foot she is right. But there is no stub street provided for down here and by ,your definition of a block length we are going to have a longer than a (inaudible). So we will be requesting a variance for that issue. Item 3 talks about Lot 4 -Block 1, which is that little lot at the southwest corner. We are proposing to access Locust Grove with that lot, again due to its proximity with the south slough and the driveway over the 5 foot culvert for a driveway and the Highway District doss not have a problem with us just accessing Locust Grove. Item 4 she talks about a separate lot for the City's pathway plan. It is not shown that way, we have shown this exactly tike we showed Cougar Creek and Howell Tract but that is probably better idea of what she has come up with to provide a separate lots for homeowners to maintain. And the applicant is willing to modify that and include that in one common lot from here up to there for maintenance responsibilities. Again, I think it was spoken earlier in the Bedford Place application about the City and Nampa Meridian coming to a meeting of the minds on what is going to be required on these pathway plans. I am not going to say tonight what will be done and what won't be done other than we will work with Shari and Nampa Meridian District to come up with a solution. But that will be in a common lot as she has requested. Also on Locust Grove there will be a 20 foot landscape berm and fence to go along with what is proposed for Chamberlain and what is going across the street in Howell Tract. They have already built their berm and this will be comparable to that, except for where that driveway access is out to Locust Grove. I believe that addresses their comments, at this time, and I would like to answer any questions if I could. Hepper: I have a question, you originally stated that the lot size and the building size would be the same as an R-4, you mentioned you wanted the building size to be 1300 square feet. • • Meridian Planning & Zoning May 31, 1994 Page 39 Merkle: No, if I said that I mispoke, what I meant Commissioner Hepper is the density and square footage of the lots would probably meet the R-4, we are asking for R-8 because of lot width. The house size will be requested to be the same as what Chamberlain was approved at which was 1300 square foot minimum. We are not proposing to meet all the R-4 requirements, I was just stating for informational purposes that we are meeting density and !ot square footage of R-4 but we are asking for R-8 zoning. Hepper: Are you sure Chamberlain was approved at 1300? Merkle: Yes I am, in fact if staff could look it up in the minutes and see what is says, I think it says 1300 if it says 1350 that is what we will go with. Hepper: If it said 1300 it is one that slipped by us. I know that has been out intention to keep everything at 1350 out there. Merkle: If the City wants to go 1350 here I don't think the applicant will have a problem with that. Hepper: I think those are our intentions, at least my intentions. Alidjani: Wayne is is possible to look that up? Crookston: Tonight? Alidjani: Is it possible to look that up 1300 or 1350? Crookston: Yes, tonight? Alidjani: No Merkle: I would propose that whatever is there we would request here. Rountree: Any other questions? Thanks Jim, anybody wish to testify on this issue? Vern Almond, 2101 East Ustick, was sworn by the City Attorney. Almond: 1 guess I have some questions, I adjoin this property to the east and the question that I might have is there a possibility down the road I have looked over the proposal for the location of the sewer with the road access going to the east out of that subdivision. Is there a possibility down the road that this might change, this location and this road. I think they have done some of this in the past to some property adjoining me and I am just • • Meridian Planning & Zoning May 31, 1994 Page 40 wondering if that is possible for something like that to happen. Shearer: You mean to not put that stub street in? Almond: Well, to change the location or change the location of the sewer or whatever. Because I think before they had some streets that they changed coming into my property that they did change and I never knew anything about it. And it does affect. Shearer: You are to the east and not to the north of this. Are you to the north too? Almond: I am north of the other previous Chamberlain. I am east of east of Chamberlain No. 2. There were some changes on the roadways in Chamberlain 1 which I knew nothing about until is was all over with. Fortunate to me 1 think they are all right, but I wonder if that can happen again. Shearer: It is not too likely looking at this piece of property. Rountree: At this point we receive the comments from Ada County Highway District so I think it is unlikely but it would be something you would want to look at at the City Council stage when they look at the preliminary plat as well to make sure there hasn't been a change. You should be noticed when that happens. Almond: Okay, I don't know and I guess I should have known, presently my irrigation water and if I understood it correctly at that time, my irrigation water if it drains, I am talking about not being used and it has to go somewhere. Presently it goes over to Chamberlain No. 1 and is there until it gets down to Finch Lateral. And I was under the impression that was the same way it would be, if I am, I would like to know if 1 am wrong on that. Also that same irrigation also comes from additional property to my east and south. Okay another thing I am wondering about is whether there is a proposal for fencing. I am back on this fencing deal because being a farmer I have a problem. I don't know whether there is any provision. But anyway presently next to this property right now, north of this property there is a bull out in that pasture and I don't think anybody in the subdivision would want their children getting out with the bull in the pasture. I think there needs to be some fences also, for the the (inaudible) he has some cows and I have some cows and presently the children are over there and the mother cows are going to protect the calves and I don't think these subdivision people understand the danger that can develop from not having fences to keep their children away from those. A day or so ago I was up along the canal which feeds my irrigation ditch and here are 2 little kids up there and they found some ducks in that canal. And they were in there trying to rescue them, they weren't in the canal, but they were there along that canal to rescue those little ducks. You know that is dangerous and they were way away from where there were any people that knew about • • Meridian Planning & Zoning May 31, 1994 Page 41 them. They came from the subdivision to the west quite a distance. I would like also, that Finch Lateral whenever there is a rain storm, it flows real heavily. and t am concerned that if there isn't some fencing done along there, there are going to be some kids and what not in danger. I would like to see, I farm other places along subdivisions and I have found when there were put in faces I get along pretty well, but without them I have a lot of problems. Thank you if you have any questions I would be happy to answer them. Rountree: Any questions for Mr. Almond? Thank you, anyone else wish to testify? Mr. Merkle if you would address some of the questions. Merkle: to my knowledge the streets and sewer alignment are not going to change from the proposal at the east end of the subdivision. I met with Mr. Almond a week or 2 ago and shared some information about the trunk line and approximately about where it might be going through his property. The irrigation water that he was speaking of is this field right here that he owns. Here is Chamberlain 2 here is Chamberlain 1 the water comes down here and corrugates to the north. When he doesn't use it, it runs along here and gets (inaudible). That will accommodated for in Chamberlain 1 and (inaudible). I believe the applicant proposes to fence the back of the tots adjacent to the drain, that is what he has done in Howell Tract. There is a fence on the north side of the access road at the back of the lots. And since he owns the lots on both sides I wouldn't propose that he would probably be fencing the back of the lots on both sides of the drain. Regarding his comments about safety near the drain, that is something the City is going to have to grapple with as far as safety and liability issues if they propose greenbelts along irrigation laterals. And that would be all unless you have other questions. Rountree: Anyone? Hepper: Did you mentioned fencing along the property to the north? Merkle: No, 1 did not. Hepper: Would that be possible to put in the restrictive covenants? Merkle: That each lot owner will be required, I think that is something we could work with. Hepper: Within a certain time frame, like their landscaping time frame within 30, 60, 90 days that they be required to put in a 6 foot cedar fence or something like that. Merkle: Okay, t think that would be acceptable to Kevin. Hepper: I think most of the property owners would be doing that anyways. But if you made • • Meridian Planning & Zoning May 31, 1994 Page 42 it a restrictive covenant then you wouldn'# have one or 2 that tried not to, Merkle: And then possibly we could have them all pretty close to the same type. I know in the subdivision south of Chamberlain there are many different types of fences as there are houses. Hepper: I don't think Mr. Almond is concerned about the type as he is about the fence. Rountree: Any other questions? Hepper: How about putting a fence on the street stub to the north there, that would be the developers responsibility. Merkle: Yes, and as I stated earlier with the approval of the Highway District it will be their right of way to the property line, as long as they can. I know they put barricades but they don't put fences up. Hepper: I think otherwise you are going to have kids walking right up the fence there. Merkle: And that is a typical issue with subdivision that are platted adjacent to existing agricultural. Hepper: I think that would be the developers responsibility on that and to the east that could be a temporary type fence, something that could be taken down quite easily later on. But something to keep the kids out of there. Merkle: Again, in conclusion I would like to state that the key issues are providing the common lot for the ditch and the 20 foot landscape on the frontage. I will modify that and give it to Shari and let the process continue. Thank you. Rountree: Anyone else wish to testify? Don Brian, Locust Grove, was sworn by the City Attorney. Brian: (Inaudible) vue need to check our Comprehensive Plan because 1 think it specifically states that new developments where it joins agricultural land is required to be fenced. It either has to be landscaped berm or fenced in some substantial blocking. I think it is all cut and dry in the new comp plan. That is all I have to say. Rountree: Anyone else wish to testify? Seeing none I will close the public hearing. For the record we did find the findings of fact on the Chamberlain 1 it did specifically say house • • Meridian Planning & Zoning May 31, 1994 Page 43 size shall not be less than 1301 square feet. Shearer: I move we have the attorney prepare findings of facts and conclusions of law on this project. Alidjani: Second Rountree: Its been moved and seconded that we have findings of fact prepared for this proposal, all those in favor? Opposed? MOTION CARRIED: All Yea Rountree: Any other comments, discussion from anyone? I have one thing that I would like to direct to Gary, with respect to your comment about what City Council said about having all the "i's" dotted and "t's" crossed for subdivision plats, when these things come back to us in the form of findings of fact that is usually the point that we act on the preliminary plats. 1s there some vehicle you can let us know that all the concerns have been taken care of, or have not been taken care of and what the specifics are so we can act on those as well? Smith: Yea I can. Alidjani: Maybe we can table i#. Rountree: Yes, we can. table it or deny it or whatever. Smith: I think what Mr. Merkle is proposing tonight and some others have done in the past is if they physically address our comments, Shari's and my comments and anyone else that makes comment or questions or whatever they might be that they address that in a written format and then it is of record. So, everyone knows where each one of us stands on these items. And when we review the findings and there are still unanswered things then they can be brought up at that time. I think the (inaudible) for the engineers, developers and surveyors to get back to Shari and I and get these things answered right away. And that way when you ask me a question or Wayne Crookston asks me a question or the City Council asks a question we have an answer for them. Hepper: I have a question Gary, what do we have for means of enforcement when the developers say they will do something and they get your approval and go out and don't do it? Smith: I think that the developers agreement is being developed right now and if these • Meridian Planning & Zoning May 31, 1994 Page 44 agreements are going to be commonplace for all developments then there is a specific form of agreement. If the condition, Wayne and I met today and we were talking about these agreements and I think that it would be appropriate for the building department, namely I am trying to get another person on board over there to help on the v~rk load. But that person, one of their responsibilities would be to make sure that these improvements that are required are completed and that they are completed at the very least time wise before any water meters or occupancy permits are issued to a building. And hopefully much sooner than that. At the time we do our final inspection for sewer and water facilities, a final inspection would be done for ail those improvements, such as fences, berms, streets lights, street signs, irrigation piping whatever it might be outside of standard sewer and water and standard street construction. All of those items that will be named in the developers agreement as conditions of approval will have to be done. And if they are not done then the developer will be put on notice and I don't remember the exact language that we had in that rough draft Wayne. They were that the developer was to be notified that they were not completed and that he had a certain length of time to complete or that a notification of water meter or occupancy permits weren't going to be issued until such time that they were. Or the developer has the opportunity to come before the City Council and voice his concerns about the development. But anyway we will be looking at that because right now the only time we don't know, the only time we know something hasn't been done is when a resident of the subdivision calls in or an adjacent property owner if it is an irrigation piping or whatever. We get notified outside of anyone here at City Hall and that is not the way it should be done. I think this person I am trying to get on board will be put to good use, kind of policing that part of it. Rountree: Thanks Gary, well I need one more motion before I can resign my Chairmanship. Shearer: I move we adjourn. Alidjani: Second Rountree: Moved and seconded that we adjourn, all those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 9:50 P.M. (TAPE ON FILE OF THESE PRQCEEDINGS) • • MERIDIAN PLANNING 8 ZONING COMMISSION MEETING: MAY 31.1994 APPLICANT: HOWELL CONSTRUCTION AND NUBBLE AGENDA ITEM NUMBER: 6 ENGINEERING REQUEST: PUBLIC HEARING: ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR CHAMBERLAIN ESTATES N0.2 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: SEE ATTACHED COMMENTS CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS L~~~~~Il h~ k~f OTHER: r t • 1 ._-. . - -.~a_ i~i ~` r• 1T'.?.y ~`T(~1TT~T`~~~ GLENN J. RHODES, President ~ - ^ ~ -~ Q .~ ~. _~ SHERRY R. HUBER, Vice President JAMES E. BRUCE, Secretary •„`/ ~ ~,^'•~D ~::lt1r't1S `yon DATE. r..,-. ~..~ ~ ~9~ 'HON! . .Jet'°:.i:J~'I~.3@.^.t SE'r".' ~ :C-'S :~':J X3.7 r.CT :. '?REi,Ii1i i~A.FY PLAT -^,HA ~",3ERLE zIN ESTtiTES STBL`?•JTSI CN ?dG . 2 pl„~nF+xa ~3Vi1 '' ~fJIl! :1~ ,~ Ir~.,•-., _ .. „ C r `~ on. Kev ~_~. Howe3l. ~9C ~ W. ~~. ~~..laper ~io~ae ~. ~ orlst ur_ ~_ ^.,-rterald, B~~i 5e, ID 83704 ) (Ez:gineeri a~lrve1 cr - ~iuhble r^_ngi.neer=ng, Inc . , 9550 3e~:hel C;:. , 8flis~:, ID ~3?7C9) F?ELIMINARY r^.EFORT - 2dOT FINP:~ ?)N'~'aL APPRC'3E'D B'I THE ACi3D Cf~tRMiSSiON FA^TS & FI~TDI~dGS :.. .. r:ar*L'UL'rlaln Estates Subd!Vlsi~~n Nc. 2 is 3 9.7 acre, 23-lot; S:i.rigi~ family residential subdivision lc~;:ated on the east side of Locust Grope Road apprcfzmately 630-feet so:~th of Ustick Road. i?ir~ra are 1420-feet of new g3.i:ll~c streets plarr_ed. T h_is project has no s~reet irontag orn anY existing p~lblic street other t:~an Locus's Grave. which will he access restrict- a~i This .application includes ann~~xatiom b; Meridian and a .one .fhange fresn R-T to R-8. GENE_~~~.T.: INFQRIysaTi.QN:. LEAD AGENC`I -Meridian ACRES 9 . ? FEET OF *lE1+l PU'3LIC ST:tEETS 1 ~" 2 ~~u`r'S - 1'$ ?4NING - E isti..^_q K-`I'; arUgoswd R-8 ESTIMATED 'JEHICLE 'IRiPS PER DAY - 280 ^`RAFFIC ANALYSIS ZCNE - 265 L.F. Or^ FRONTAGE ON Laclist Grove - ?23-feet ?40S'I` RE{_ENT TP?IFFIC COT.3NT5 - Date :~!? 814 Vollame %,?94 FLT*1CTI027AL C;.,ASSIFICATICN NiAP DESIGNATION - Mi:,;3r Ar'~mrial ADA COUNTY RIDGE-TO-RIVEF.S PAi'3WAY rLAN - Lane E'~ISTING RIGHT-OF-WAY - 5(1 -feet ada county highway district 318 East 37th • Boise, Idaho 83714 • -Phone (208) 345-7680 PRELI:~INAI2Y PLAT -(' ";AMBERLAIN ESTATES STJBI)Izn'"''ON NO. 2. May 19, 1394 . Page 2 REDUIRED RIGHT-CF-WAY - 90-feet; E45-feet from centerline) Locust Grove is improved with 28-fee*_ sa€.paving. It9PACT FEE BENEFIT ZONE ~- West Ada IMPACT FEE ASSESSMENT DISTRICT - Western Cities 3. In February of 1994, the Commission approved the preliminary plat .for Chamberlain Estates (a 99-lot single family residen- tial subdivision) to the south. Chamberlain Estates No. 2 proposes to access Locust Greve through Chamberlain Estates. 4. There is an existing house on Lot 4, Block 1, which proposes to take access from Locust Grove. ~. Locust Grove is a section line road, classified as a Minor Arterial, The District req-lires 90-feet of right-of-way on arterials in an urban impact area, width sufficient far 4 traffic lanes, 5-foot sidewalks, and bicycle pathways. 6. Locust is scheduled for improvements in the ACRD Five Year Work Program, therefore staff ~ recommends that a deposit be. made to the Public Rights-of-Way Trust Fund for the required street improvements E5-foot sidewalks) on Locust Grove abut- ting parcel. 7. The ACRD Capital Improvement Plan indicates that Locust Grove is approved for use of Road Impact Fee funds to increase its :.apacity; therefore,. Road Impact Fee offsets may be given far construction of the roadway improvements Ee.scluding sidewalk} along Locust Grove and for right-of-way dedication in addition to what exists now. If the developer wishes to be paid for the additional right:-of-way, he/she must submit an application to the impact fee administrator prior to breaking ground, in ' accordance with Section 15 of ACRD Ordinance #188. o. Staff recommends that the right-of-.way on the east end of Chanterelle Drive be extended to the north. property boundary in such a way as to provide future alignment with the entrance to Howell Tract Subdivision on the west side of Locust Grove. 9. Staff recommends that the Chantilly w'ay stub street to the north boundary be eliminated.. 10. Staff anticipates that when the parcel to the north is devel- oped, the. sewer right-of-way (Lot-1, Block 1) will become part of a. roadway right-of-way. 11. This application is scheduled far public hearing by the Meridi- an Planning & Zoning Commission on Map 31, 1994. '~ RELI,4IN ;RY PLAT • May, 19, ? 994 page 3 _ ,. - ~MBERLAIN ESTATE'S 5U8DIVI~N NO. 2 ~w-;f ~;; , SITE SPECIFIC <REQUIREMENTS: ,_ i . Dedicate 45-feet of right _of--way 'fry the cezte'_line of Locust Grove Road abutting parcel. (20 additional feetl.' The owner- . will be compensated for .this additional .sigh'.-of-way from aj~ailable impact fee revenues in this benefit ~zene • Z. Provide a deposit to the Public Rights-of-Way..Trust F-and at the District far the required street improvements (5-foot. sidewalks} on Locust Grove abutting parcel. 3. With the exception of Lot 4, .Block ~1,• direct ylot or parcel access to Locust Grove is prohibited, in com~liance'with Dis- trict policy. Lot access•restrictians shall be stated on the final. plat. 4. Provide stub streets to the nortb~~and east property line as shown er_ the preliminary plat. Connect with the existing street ( Cougar Creek -Drive } on the , smith property .boundary: 5. Provide 50-feet of .right-of-way'`on the west end of the pro- posed Chanterelle Drive to the north property boundary in :such a way as to provide future alig~ent with the entrance to Howell Tract subdivision on the west side of Locust Grave. 6. The District will not sign the plat for any ,part of this project until the adjacent street system that it connects to becomes part of the public street system. STANDARD REQUIREMENTS: 1.. Street and drainage improvements rem*; red in the public right- of-way shall be designed and constructed in conformance with District standards ar_d policies. 2. Dedicated streets and drainage systems shall. be designed and .constructed in conformance .with District standards and poli - cies; 3. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACRD shall be sealed, signed and dated by ,a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 4y Provide. written approval from ~e appropriate irriga- tion/drainage district. authorizing storm runoff. into their system. :.:, r r. ~ ~-N~Rv PLAT - ~-:n,~FR i •~~N ~S`~ATDG Su'BDIV~ 'o?v Nc~. iiay~l9, 1994 Page 4 ~ . ~. Loaa*_e obstructions {utility .facilities, irrigation and drain- age appurtenances, etc.) outside of-the propased street im- provements. Autho"rization for relocations .shall be obtained from the appropriate entity. 6. Continue existing irrigation and drainage systems across par- . cel. ?. Submit three sets of street construction plans for review and appropriate action. 8. Submit site drainage plans and calculatio; appropriate action by ACID. The proposed shall conform to the requirements of Meridian all storm water on-site. to the District zs far review and drainage system and shall retain Public street drainage. facilities shall be located in the public right-of-way or in a drainage easement set aside specif- ically far that use.. There shall be no trees, fences. bushes, sheds , or other valuable asnenrt~ es placed i rn said easement . Drainage easements and their use restrictions shall be noted on the plat. 9. Provide design data for proposed access to public streets for review and appropriate action by ACHD. 10. Locate driveway curb. cuts a mininlu.T of 5-feet front the side Lot property Lines when the driveways are not being shared with the adjacent property. 11. Developer shall provide the District with a copy of the record- ed plat prior to the installatior_ of street name signs. Street signs wall not be ordered until all fees have been paid and a copy of the recorded plat has been provided to ACHD Staff. The copy of the recorded plat shall show the recording information as inscribed by the Deputy County Recorder. 12. Install a stop sign on every unsignalized approach of a. project street to ar. intersection involving a collector or arterial as the cross-street. The stop sign shall be in- stalled when the project street is first accessible to the motoring public. 13. A right-of -way permit must be obtained from ACHD for all street and utility construction within the public right-of- way.-, .Contact Construction Services at 345-7667 {with zoning file number} for details. PRELIMINARY PLAT - ~;T,3ERLAIN ESTATES SUBDIVI~N NC. 1 ~ Page-5 1~. A request fcr modif icati~n, variance or waiver of an~~ ~equire- r~arit pr p`~li `=y Outl.i ned herein shall be .^.]ade, in wri tirig, t0 the Manager of Engineering Services within 15 calendar days of the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity. Shauld you have any questions ar camments, please contact the re~!eloprment Servi ces ~7i vision at :345-7662. STAFF S'JBTdI ~ iING DATE OF .COMMISSION APPROVAL: Larrv Sale f. i I ~ . , ~,~ i I i ~' • ' I 1 ! ~ :' y~ 1 i I i ' 1 1 1 ~ l V ~^ I 1 1 1 ~ ~~: ~. 0 < ' ; I ~ ~ . r k I / ~~ xsrc " w ~- ~ ~ .so,aao c I I ~ I i ~ ' I / ~ ~ O R ~ ` ! O ~1 d I /~ V I ~ 1 I i I I I w~ 1 ~ ~ I j ~ Of NY I ' I O ; I ~ I e r Y~aq _ _ _ - ~{~~~ ~w +~~3fK7~ ~ i . I ~ ~ O ~ I I ~ OF rY i 1~~ 't I r ~ 11 ,r '' ~ ~ 9 3 I u ~ , ~, ~ ! 0 ~ ~ ~ ® I ~ dS ~~ ~ •~ ~ `~ !!aa _ ` I \ ~ ~~ ~ I _ , .~ \. I I ~ ~,~ I r `` `t~ © j l 5 Q ~~ I I ' ~ W _~ ~ ~ ~~ ~a jF I ~ ~ ~ ~ ~ I ~ I ~ ~~ © ~' 4i ~ ~ ~~ ~ E~ x • ~~r I >i I ` I I ~ a ~ i r ~ x ; ~.e ~~ i t ~~ e Q I! ~1: O ~ 1 4 ~ ~ ' O ~ s r~ i I . I 11~ ,rwl ~ ~ I ~ ~ I ° ~ O ,I ~1 1i_ x I~ ~ ~ it (, ~ i~~~ ~, i i r } ',ti ~ ~ ~I / • ~ I it I~ O ~ ` ~ O ~ ~ t a _ -, I I , ~f ~ , ~ III I I i I ~ I a r • I /; / ~ (;ii R I ~I '~ ~~ ~ ~~~ p I I p ~ t~ I I IL' ~ - N~I •_~.-_~_.-7~ ~w __ ~.-L ___ ____ _ - ____ l ~^ t J a J W u Qo Jz z~ a cN J ~ W Q m m Q (n J ~~~ ~~~ ~$~ ~~ ~~ ~~ ~~~ V W cei~P~l S 3i-q ~ .c~n~ n ~-3~~~~ GLENN J. RHODES, President SHERRY R. HUBER, Vice President JAMES E. BRUCE, Secretary May 25, 1994 TO: Kevin Howell Howell Construction 6901 W. Emerald Boise ID 83704 FROM: Larry Sale, Super 'sor Development 'c v t ,~ v ~~ / SUBJECT: CHAMBERLAIN STAT~S~ BDIVISION NO. 2 - PRELIMINARY PLAT On May 25, 1994, the Commissioners of the Ada County Highway District (hereafter called "District") took action on the Preliminary Plat as stated on the attached staff report. In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: 1. Drainage plans shall be submitted and subject to review and. approval by the District. 2. If public street improvements are required: Prior to any construction within the existing or proposed public right-of- way, the following shall be submitted and subject to review and approval by the District: a. Three complete sets of detailed street construction drawings prepared by an Idaho Registered Professional Engineer, together with payment of plan review fee. b. Execute an Inspection Agreement between the Developer and the District together with initial payment deposit for inspection and/or testing services. c. Complete all street improvements to the satisfaction of the District, or execute Surety Agreement between the Developer and the District to guarantee the completion of construction of all street improvements. ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 t, `- . May 25, 1994 Page 2 3. Furnish copy of Final Plat showing street names as approved by the Local Government Agency having such authority together with payment of fee charged for the manufacturing and installation of all street signs, as required. 4. If Public Rights-of-Way Trust Fund deposit is required, make deposit to the District in the form of cash or cashier's check for the amount specified by the District. 5. Furnish easements, agreements, and all other datum or documents as required by the District. 6. Furnish Final Plat drawings for District acceptance, certifications, and endorsement. The final plat must contain the signed endorsement of the Owner's and Land Surveyor's certification. 7. Approval of the plat is valid for one year. An extension of one year will be considered by the Commission if requested within 15-days prior to the expiration date. Please contact me at 345-7680, should you have any questions. LS cc: Development Services Chron ~~g~~. Meridian City Hall • INTER-DEPARTMENT CORRESPONDENCE GLENN J. RHODES, President SHERRY R. HUGER, Vice President JAMES E. BRUCE, Secretary TO: FROM: SUBJECT: ACRD Commission Development Services CHMBEST2/DSTECH 5-25-94 DATE: May 23, 1994 PRELIMINARY PLAT - CHAMBERLAIN ESTATES SUBDIVISION NO. 2 Annexation/Zoning (Developer - Howell Construction, Kevin Howell, 6901 W. Emerald, Boise, ID 83704) (Engineer/Surveyor - Hubble Engineering, Inc., 9550 Bethel Ct., Boise, ID 83709) FACTS & FINDINGS: 1. Chamberlain Estates Subdivision No. 2 is a 9.7 acre, 28-lot, single family residential subdivision located on the east side of Locust Grove Road approximately 630-feet south of Ustick Road. There are 1420-feet of new public streets planned. This project has no street frontage on any existing public street other than Locust Grove, which will be access restrict- ed. This application includes annexation by Meridian and a zone change from R-T to R-8. 2. GENERAL INFORMATION: LEAD AGENCY - Meridian ACRES - 9.7 FEET OF NEW PUBLIC STREETS - 1420 LOTS - 28 ZONING - Existing R-T; Proposed R-8 ESTIMATED VEHICLE TRIPS PER DAY - 280 TRAFFIC ANALYSIS ZONE - 265 L.F. OF FRONTAGE ON Locust Grove - 323-feet MOST RECENT TRAFFIC COUNTS - Date 1/18/94 Volume 2,794 FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Minor Arterial ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - Lane EXISTING RIGHT-OF-WAY - 50-feet ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 PRELIMINARY PLAT• CHAMBERLAIN ESTATES SUBD~SION NO. 2 May 23, 1994 Page 2 REQUIRED RIGHT-OF-WAY - 90-feet; (45-feet from centerline) Locust Grove is improved with 28-feet of paving. IMPACT FEE BENEFIT ZONE - West Ada IMPACT FEE ASSESSMENT DISTRICT - Western Cities 3. In February of 1994, the Commission approved the preliminary plat for Chamberlain Estates (a 99-lot single family residen- tial subdivision) to the south. Chamberlain Estates No. 2 proposes to access Locust Grove through Chamberlain Estates. 4. There is an existing house on Lot 4, Block 1, which proposes to take access from Locust Grove. 5. Locust Grove is a section line road, classified as a Minor Arterial. The District requires 90-feet of right-of-way on arterials in an urban impact area, width sufficient for 4 traffic lanes, 5-foot sidewalks, and bicycle pathways. 6. Locust is scheduled for improvements in the ACHD Five Year Work Program, therefore staff recommends that a deposit be made to the Public Rights-of-Way Trust Fund for the required street improvements (5-foot sidewalks) on Locust Grove abut- ting parcel. 7.. The ACRD Capital Improvement Plan indicates that Locust Grove is approved for use of Road Impact Fee funds to increase its capacity; therefore, Road Impact Fee offsets may be given for construction of the roadway improvements (excluding sidewalk) along Locust Grove and for right-of-way dedication in addition to what exists now. If the developer wishes to be paid for the additional right-of-way, he/she must submit an application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACRD Ordinance #188. 8. There are two existing dwellings to the north of the proposed cul-de-sac on the west end of Chanterelle Drive. 9. Staff recommends that the right-of-way on the east end of Chanterelle Drive be extended to the north property boundary. Staff does not anticipate a future connection from this point to Locust Grove, as this would result in a lenghty, continuous street to the south of Finch Lateral. 10. Lot 1, Block 1 constitutes a sewer right-of-way and will not be allowed to pro~~3e public access to Locust Grove. 11. This application is scheduled for public hearing by the Meridi- an Planning & Zoning Commission on May 31, 1994. PRELIMINARY PLAT CHAMBERLAIN ESTATES SUED ~SION NO. 2 May 23, 1994 Page 3 SITE SPECIFIC REQUIREMENTS: 1. Dedicate 45-feet of right-of-way frcm the centerline of Locust Grove Road abutting parcel (20 additional feet). The owner will be compensated for this additional right-of-way from available impact fee revenues in this benefit zone. 2. Provide a deposit to the Public Rights-of-Way Trust Fund at the District for the required street improvements (5-foot sidewalks) on Locust Grove abutting parcel. 3. With the exception of Lot 4, Block 1, direct lot or parcel access to Locust Grove is prohibited, in compliance with Dis- trict policy. Lot access restrictions shall be stated on the final plat. 4. Provide stub streets to the north and east property line as shown on the preliminary plat. Connect with the existing street in Chamberlain Estates No.l (Cougar Creek Drive) on the south property boundary. 5. Provide 100-feet of right-of-way on the northwest end of pro- posed Chanterelle Drive on the north property ;~oundary. 6. The District will not sign the plat for any part of this project until the adjacent street system that it connects to becomes part of the public street system. STANDARD REQUIREMENTS: 1. Street and drainage improvements required 'n the public right- of-way shall be designed and constructed in conformance with District standards and policies. 2. Dedicated streets and drainage systems shall be designed and constructed in conformance with District standards and poli- cies. 3. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACHD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 4. Provide written approval from the appropriate irriga- tion/drainage district authorizing storm runoff into their system. 5. Locate obstructions (utility facilities, irrigation and drain- age appurtenances, etc.) outside of the proposed street im- .PRELIMINARY PLAT• CHAMBERLAIN ESTATES SL'BD~SION N0. 2 ~~ May 23, 1994 Page 4 provements. Authorization for relocations shall be obtained from the appropriate entity. 6. Continue existing irrigation and drainage systems across par- cel. 7. Submit three sets of street construction plans to the District for review and appropriate action. 8. Submit site drainage plans and calculations for review and appropriate action by ACRD. The proposed drainage system shall conform to the requirements of Meridian and shall retain all storm water on-site. Public street drainage facilities shall be located in the public right-of-way or in a drainage easement set aside specif- ically for that use. There shall be no trees, fences, bushes, sheds, or other valuable amenities placed in said easement. Drainage easements and their use restrictions shall be noted on the plat. 9. Provide design data for proposed access to public streets for review and appropriate action by ACHD. 10. Locate driveway curb cuts a minimum of 5-feet from the side lot property lines when the driveways are not being shared with the adjacent property. 11. Developer shall provide the District with a copy of the record- ed plat prior to the installation of street name signs. Street signs will not be ordered until all fees have been paid and a copy of the recorded plat has been prcvided to ACRD staff. The copy of the recorded pla± shall show the recording information as inscribed by the Deputy County Recorder. 12. Install a stop sign on every unsignalized approach or' a project street to an intersection involving a collector or arterial as the cross-street. The stop sign shall be ir_- stalled when the project street is first accessible zo the motoring public. 13. Aright-of-way permit must be obtained from ACHD for all street and utility construction witrin the public right-of- way. Contact Construction Services at 345-7667 (with zoning file number) for details. PRELIMINARY PLAT• CHAMBERLAIN ESTATES SUBD~SION N0. 2 May 23, 1994 Page 5 14. A request for modification, variance or waiver of any require- ment or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity. Should you have any questions or comments, please contact the Development Services Division at 345-7662. STAFF SUBMITTING: Larry Sale DATE OF COMMISSION APPROVAL: ~'!AY 2 5 1994 ~ ~. S • ~ ., • -~~ ., ~. ~ ~ ~ ~ ~ N 1 N N N ~~ N • A ~ O A ®. • N '1d N31R/AOOY 11'N ~~ • • 1 O . Yf 0 N ~ .. Ib A r I . . • ~ h A •~ f „ N I w ~ ~ • ~ ~3nd 3~oia env 'N ~ 1 ~ a _ Q A _ e ~ '' ~ • ~ o ~ ~ ~ ~ _ ~ f J • '~ W ~ ~ ' . J • , N 10 ~ f • N N M ~ ~ . • N A W • N ~ ~ N ~ ' ~ I ~ w ~ * `- ~ • and ~issgpoa ~~ ~ ~ I ~ 4 a ``ll 7` , ! V ~ •_ ` ~ ~ ~ N ~ ~y rf f ~ I ^ ~ ~ N S C) a % ~ •, a ~ ~ m ~~ M ~ ~ '~1 ~~ ~ • ~~. - - •- r ~ w N N a ~ ~ t N M ~. a N. '3 - ~~ • h 1a .3wl~n 'N ~ '3At/ 13 W'711A A ~ ~ • c~ r ~ ~ + i J • CI 1- o ~ N ~ ~, e a Q ~1 ~ ~ ~ ~_ Q ~~e .. 1 ~ M S~ fib, (1 tv e ~ ti ~• ~~ • • - " • %! 1 ~ • ~ ~ ~ • . • G~ - tq - a .: ~ _ w ~ s ,. ~ ~~ N ~ ~ J L O ~ ~~ ~ 1 : ., ~ ~ ~ '' ~ ' ~- , -_ i ., " .~ . I c' I I I I I I I _~ _- I I I u~ I , ~ ~ ~~ I I I , I ~• , I ~ `I ; ., I ~ I ~ , I I '~ I ~ f ~ - - ~~le s - ~ .a.ROO ~ ,er I ' i i ~ ~ L ~ , ~ Al r 1 I I I 1 ~ ~ ~ ~ .. ,.., ' ' o I r I I I I _ _ ~_ _ R- ~6 _ ~~~j w I .M~1 ~ ~~ ~' "" ' ® ® ~ m ~ ~ ~ I 3 ~ ` N f o ` ~ 9 1 I , , ~ I ~ ~~ ~. ~' I ~ ~ .~ 1~ ~ . ~~ ~ _ `. ~ , \ I © ~ \ ~ 1 • RR~ ~ !!~ a I~ J ~i! ~ z W Qo in z w z~ a vl J ~ m m Q (!I 2 J ~ ` I 11 .~ l .~ w I ` I I I '~ 't ° III ~ = a~ ~ ~ ~ .,., I ', 1 I r 5 ~ ~~$ O ~ ~ i ~ ~~ ~ < 1~ ~ ~' ~. ' = ~ III ~=Q~t~~~Q xx h l ~~ Y • JI~1 ~ I ~ I I 2 J M A i •~ ~,: o I ~ i. 1'! ~ III I,1 O 0 I~ ~ ~ 'II ~ : ~ I i; II O a ~, , , ; „ : ~ ~~r I W~ , I ! ~r~ • r , ~ r r 1 ~~~ o -; i :' /' ~ ~ ; if ~ ~ ~ I /~ ~/ ~i ~ ~~ ® ~ ~,, ~ ~,', ; O ~ • I~ ® ~~sl~~~~:ii I Ili I I l~ I I ~ i I ~ ~t II ; ~ ~ ~ I~ m %' ~ \ I ~--~~~ _ III -_ 0 ~ 11 ® ® I I I .. • BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION KEVIN HOWELL ANNERATION AND ZONING NE 1/4, Section •5, T. 3N. R.lE., B.M Ada County CHAMBERLAIN ESTATES #2 SUBDIVISION MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on May 31, 1994, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing through his engineer, Jim. Merkle, and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for May 31, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the May 31, 1994, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. That the property included in the application for FINDINGS OF FACT & CONCLUSIONS OF LAW Page -1 ,. • • annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is approximately nine and 8/10 acres in size; the property is south of Ustick Road and West of Locust Grove Road. 3. That the property is presently zoned by Ada County as (RT) Rural Transition and the proposed use would be for R-8 Residential type development; that the Applicant states in his subdivision application that the subdivision lot size would be a minimum or 6,500 square feet, that the preliminary plat submitted for approval also show that most of the lots are substantially greater than 6,500 square feet; that there would be 28 lots in the. proposed subdivision; that the Applicant. in its subdivision application states that the minimum square footage of home would be per the Ordinance, that there would be 2.88 lots per acre. 4. The general area surrounding the property is used agriculturally and residentially; that the residential property is developed in the R-8, Residential fashion, but only with single family dwellings; that most subdivisions in the area, except for Chamberlain Estates No 1, were annexed with the condition that the minimum house size be 1,350 square feet. 5. That the property is adjacent and abutting to the present City limits. 6. The Applicant is the owner of record of the property and has submitted the request for this Application for annexation and zoning. 7. That the property included in the annexation and zoning FINDINGS OF FACT & CONCLUSIONS OF LAW Page -2 • application is within the Area of Impact of the City of Meridian. 8. That the entire parcel of ground is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 9. That the Application requests that the parcel be annexed and zoned R-8 Residential; that the present use of the property is for agriculture and a house; that the intended development of the property is for an R-8 subdivision and the subdivision Application states the density would be approximately 2.88 dwelling units per acre. 10. The Applicant's representative stated that they would install pressurized irrigation both in this subdivision and in Chamberlain Estates No 1; that they would re-align the South Slough; that the house would be removed but that they would try to save as many trees as possible; that there would be a common lot along the South Slough for maintenance; that there would be a 20 foot landscaped berm and fence; that a fence would be placed along the South Slough along the back of the lots; that there would be fencing along lots on the north; and that there would be fencing along stub streets to the north and east subdivisions access will be from Finch Creek to the east. 11. That the subdivisions to the west have not been fencing the South Slough but have been landscaping the Slough. 12. That comments were received from the Meridian City Engineer, City Planning Director, Fire Department, Police Department, Meridian School District, Ada County Street Name FINDINGS OF FACT & CONCLUSIONS OF LAW Page -3 • • Committee, Central District Health Department, Nampa & Meridian Irrigation District, and Idaho Power Company, and they are incorporated herein as if set forth~~in full. 13. The Meridian City Engineer, Gary Smith commented, among other things, that the annexation legal description needs to be amended to include the adjacent one half of Locust Grove Road, that restrictive covenants need to be submitted, and that the highest seasonal groundwater level needs to be established to aid builders in setting the bottom of their house footings a minimum of one foot above that elevation; and the Planning Director, Shari Stiles commented that a license agreement with Nampa & Meridian Irrigation District needs to be executed for the relocation of the South Slough; that the area for a proposed bike path must be provided separately from lots; that covenants need to be submitted; that a 20 foot landscaped easement along lgr maintained by a homeowners association needs to be provided; that an elementary school site still needs to be provided in this area; that a development agreement is required as a condition of annexation. 14. The Meridian School District's comment in another annexation request where the. students would be in the Chief Joseph attendance zone was that the subdivision proposed for the land would mean 42 elementary aged children, 32 middle school aged children and 29 senior high aged students; that Chief Joseph Elementary School is at 117 of capacity, Meridian Middle School at 130$ of capacity and the Meridian High School at 117$ of capacity; the District went on to state as follows: FINDINGS OF FACT & CONCLUSIONS OF LAW Page -4 • "Considering these facts, Meridian School District can not recommend approval of this subdivision at this time. If and when you do, it will be a certainty that students from this subdivision will be transferred outside of Chief Joseph Elementary attendance zone. The school district will have to be allowed time to review an alternative solution to the attendance problem."; the Meridian School District did submit a comment for this Application and such is incorporated herein as if set forth in full; its comment was that this subdivision will cause increased overcrowding in all three schools; that before they could support this subdivision, land needs to be dedicated to the district or at least made available for a school site in this area; that the site would need water and sewer service available." 15. That two people testified on this Application; Vern Allmen stated that he wants there to be fencing along the South Slough, that he had concerns over irrigation, that he wanted fencing of the perimeter of the subdivision to prevent trash from dispersing, and that he wondered about in the road layout; Don Bryan testified that there should be fences constructed to separate subdivisions and agricultural land. 16 That the property is shown on the Meridian Comprehensive Plan as being in a Single Family Residential area. 17. That in the Rural Area section of the Comprehensive Plan, Land Use, Rural Areas, Section 6.3, it does state that land in agricultural activity should so remain in agricultural activity until urban services can be provided. 18. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for FINDINGS OF FACT & CONCLUSIONS OF LAW Page -5 • agricultural uses to be developed into residential subdivision lots. 19. That the property can be physically serviced with City water and sewer. 20. That the R-8, Residential District is described in the Zoning Ordinance, 11-2-408 B. 4 as follows: ,~R-81 Medium Density Residential District: The purpose of the (R-8) Districts is to permit the establishment of single and two (2) family dwellings at a density not exceeding eight (8) dwelling units per acre. This district delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two (2) family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal Water and Sewer systems of the City of. Meridian is required. that the R-8 zoning district requires a minimum of 1,300 square feet to be included in houses in that zone; that the Applicant's representative stated that the subdivision eventually applied for would comply with the neighborhood. 21. That the Meridian Comprehensive Plan, under Land Use, Residential Policies, 2.1U states as follows: "Support a variety of residential categories (urban, rural, single-family, multi-family, townhouses, apartments, condominiums, etc.) for.the purpose of providing the City with a range of affordable housing opportunities." 22. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.3 c., it states as follows: "Within the Urban Service Planning Area development may occur in densities as low as 3 dwellings per acre if physical connection is made to existing City of Meridian water and sewer service and the property is platted and subdivided . FINDINGS OF FACT & CONCLUSIONS OF LAW Page -6 • • 23. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.4, it states as follows: "Residential development is allowed in the rural area provided that said development does not exceed the Rural Residential Agricultural density, unless it is inside the Urban Service Planning Area and City sewer and water is provided, then Low, Medium and High density residential may be considered. All residential development must also comply with the other appropriate sections of this plan." 24. That the Meridian Comprehensive Plan, under Housing, Housing Policies, at page 66, it states a's follows: "1.1 The City of Meridian intends to provide for a wide diversity of housing types (single-family, modular, mobile homes, multi-family, townhouses arrangements), ." "1.3 An open housing market for all persons, regardless of race., sex, age, religion or ethnic background." "1.4 The development of housing for all income groups close to employment and shopping centers should be encouraged." 25. That there is a population influx into the City of Meridian at the present time which has been going on for some time and is likely to continue; that the land is relatively close to Meridian and economic conditions are .making it difficult to continue farming in the area. 26. That the City Engineer has previously submitted comment in different applications that a determination of ground water level and subsurface soil conditions should be made; that such a comment is equally applicable to this Application. 27. That in prior requests for annexation and zoning in this area the previous Zoning Administrator has commented that annexation could be conditioned on a development agreement including an impact fee to help acquire a future school or park FINDINGS OF FACT & CONCLUSIONS OF LAW Page -7 • site to serve the area and that annexations should be subject to impact fees for park, police, and fire services as determined by the city and designated in an approved development agreement; that such comment is equally applicable to this Application. 28. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision."; that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provide school service to current and future residents, of the City; that the City knows that the increase in population does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and the City knows that the increase in population does not provide sufficient tax base to provide for school services to current and future students. 29. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a FINDINGS OF FACT & CONCLUSIONS OF LAW Page -8 LJ development fee or a transfer fee on residential property, which, if possible, would be retroactive and apply to all residential lots in the City because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 30. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide." 31. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20' ) wide, and shall not be a part of the normal street right of way or utility easement." 32. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" 33. That Section 11-9-605 R states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi- improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; FINDINGS OF FACT & CONCLUSIONS OF LAW Page -9 • 3. To play a major role in conserving area scenic and natural value, especially waterways, drainages and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." 34. That Section 11-9-605 L states as follows: Bicycle and pedestrian pathways shall'be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Planning and Zoning Commission shall consider the Bicycle-Pedestrian Design Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. 35. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission were given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a Legislative function. 3. That the Planning and Zoning Commission has judged this FINDINGS OF FACT & CONCLUSIONS OF LAW Page -10 • • annexation and zoning application under Section 50-222, Idaho Code, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, the Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the annexation is contiguous to the. present City limits of the. City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant, which is not the titled owner, and the annexation is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The City of Idaho Falls. 105 Idaho 65, 665 P.D 1075 (1983.). 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, Section 11-9-605 M., which pertains to the tiling of ditches and water ways, and Section 11-9-606 B 14., which pertains to pressurized irrigation; that the Applicant will be required to FINDINGS OF FACT & CONCLUSIONS OF LAW Page -11 • connect to Meridian water and sewer; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition of annexation the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, R, L and prior comments of the previous Planning Director, Wayne Forrey, relating to the lack of adequate recreation facilities and that land set aside for a future park would be desirable, that the City is in need of land set- asides for future public service use, that a school site was not. reserved; that the development agreement shall, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any development fee or transfer fee adopted by the City; that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de-annexation and loss of City services, if the requirements of this paragraph are not met. 10. That the Applicant's property is in compliance with the Comprehensive Plan, and therefore the annexation and zoning Application is in conformance with the Comprehensive Plan. 11. That the requirements of the Meridian City Engineer, including those he specifically stated in his comments and those stated herein in these Findings and Conclusions, and of the Ada County Highway District, Nampa & Meridian Irrigation District, FINDINGS OF FACT & CONCLUSIONS OF LAW Page -12 Meridian Fire Department, Idaho Power, and the comments of the Meridian Planning Director referenced herein, shall be met and addressed in a development Agreement. 12. That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled the property shall be subject to de-annexation; that the Applicant shall be required to install a pressurized irrigation system, and if not so done the property shall be subject to de-annexation. 13. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land; that the development of the property shall be subject to and controlled. by the Subdivision and Development Ordinance. 14. That as a condition of annexation the house size of 1,350 square feet must be met; that this is concluded as a condition of annexation because most of the other subdivisions in this area have that as a condition of annexation and it was only not required of Chamberlain Estates No. 1 due to an oversight. 15. ,That proper and adequate access to the property is available and will have to be maintained. 16. That these conditions shall run with the land and bind the applicant and its assigns. 17. With compliance of the conditions contained herein, the annexation and zoning of R-8 Residential would be in the best interest of the City of Meridian. 18. That if these conditions of approval are not met the FINDINGS OF FACT & CONCLUSIONS OF LAW Page -13 • property shall be subject to de-annexation. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Faet and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) VOTED VOTED ~ 6 VOTED VO VOTED DECISION AND REC0I~IIKENDATION The Meridian Planning and Zoning Commission hereby recommends to the City of the City of Meridian •~uhei~ that they approve the annexation and zoning as stated above for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and that if the conditions are not met that .the property be de-annexed. MOTION : ~,~ APPROVED ~ DISAPPROVED: FINDINGS OF FACT & CONCLUSIONS OF LAW Page -14 • • . /~~~ ~~ PO Box 811 Meridian ID 83880 ~i CEIV~;i D ~~ 2~ ~ 2°°" 1'J'''U~L 2 4 2000 ~~ ~ ~, CITY OF MERIDIAN ~ s~ ar fu~an,: The Baal'd of directors of Charnberta~n Estates hereby submits the i~clo®ed petition requesting either a LfAO EN0 sign or a ,f~QT A TH~Q4~~3H STREW' sign. We request a sign be placed on Cougar Creek 2ilter the irrtrtsraec~ion aF Cougar Creek and Chianti and before Cougar Creefc meets tau ridge. V11e have had a large number of cis continually attempt to go through Karnay Dr. which ~ a deed end ss+eet. We believe this wand improve the safBty of our neighbori~ood. BOARD OF DIRECTORS John Waddoups-President-898-0237 Bob Hart-Vice-President-884-3291 Chrysta Hunter-Treasurer-895-8095 Betty Hood-Secretary-884-0226 • • Wednesday, July 19, 2000 To: Chamberlain Estates Board of Directors Attn: Betty Hood I have enclosed the appropriate paperwork that you requested regarding getting a petition signed from the homeowners on Kamay Drive. The petition requests that the City of Meridian install a "not a through street" sign to discourage drivers who think they are going to get back to Locust Grove Road from Kamay Drive. As you can see from the attached plat, Kamay Drive ends in a cul de sac. As a homeowner of two years who lives midpoint down the street, I see countless cars coming down Kamay looking for Locust Grove. When they head back to return to Cougar Creek Drive, they are obviously irritated and drive faster than they should. The attached petition was signed by 17 homeowners. I sent out apre-letter to each homeowner telling them I would be around with the petition. There were 5 homeowners who called me and gave me a verbal "yes", but I was unable to reach them at home to get their signature after several tries. I have added them at the bottom of the list. We now have several young families with kids on Kamay. We would request that something be put in place before school starts. Thank you very much, Marlene and Don Minegar 1798 East Kamay Drive enclosures: Pre-letter advising homeowners of intent Plat of Chamberlain Estates Subdivision To: City of Meridian • • JULY, 2000 Regarding: Chamberlain Estates iK The homeowners who live on East Kamay Drive in Chamberlain Estates wish to formally request that a `NOT A THROUGH STREET" sign by erected in their subdivision. (See attached plat) Kamay Drive lots have all been sold and built out, and yet we see a significant amount of traffic driving down our street looking for a through street back to Locust Grove. Kamay Drive does NOT go through to Locust Grove and this results in impatient aggravated drivers speeding back down the street to exit on Cougar Creek Drive. By erecting a sign near the corner of Cougar Creek and Laughridge, people would be informed that Kamay Drive is not a through street. We appreciate your help in this matter. We understand that a petition must be circulated and signed prior to this action. See the signees below. PRINTED NAME TTEN NAME ADDRESS a1 / Tod l~ ~ ~ 1~~' d7Z'7 1tA-+.,,aa iKd o `t7 y$ ! ~' ~ ' `iU ~rJ~ L~B F ~- 4 re ~ ~ l~ ~' .~.~ ~ M S ~ 1~ ~ ~~. ~~ ~ , ~Pia~ TGar v' GO ~, l ~,S,E•-~ ~ ~ ~. ~.Jer c. ~-~ F--^ ~~ Q ~/i / C S ~ /£ 5 ct ~vt~ v G ~T~T~/~ - ~ ~ g ~ ~~ N ~' ~' - U~ 8/~ ~' ~~ ~ir~~,v ~' ~-v~~-~ /9~~ ~'.~ir~~- orrvi,E D ~E;~~ DDD ~.e ~ oT' F v6 - /9~6 ~ ~~~ H~ ~~ .,~` ~/ ,~ ~ y~ i93G `` ~~ TO KAMAY DRIVE RESIDENTS .~ t `,< ~ct~ Ju~~~l o ~q1Q HI FELLOW KAMAY DRIVE RESIDENTS: My name is Marlene Minegar and Don and I live at 1798 East Kamay.. We welcome all of you to Chamberlain Es- tates. Now that all the homes on Kamay Drive are com- pleted and folks have moved in, we would like to propose that we have a "NOT A THROUGH STREET" sign erected on Cougar Creek Drive. My husband and I are home a good part of the day and we notice many cars that come down Kamay Drive and then turn around and drive out as soon as they find it is not a through street. Our proposal would limit the amount of traffic on Kamay to just those people who live here and their guests or service people. I am told by the Homeowners Association that alI they re- quire is a petition signed by the homeowners on Kamay. I would like your feedback on this matter. If there is inter- est, Iwill draft a petition and try to get around to each of you to get it signed. Our telephone number is 884-5500, or just drop by 1798 (the yellow house) and let us know what you think. • • Meridian City Council November 8, 1995 Page 36 Yerrington: So moved Morrow. Second Kingsford: All those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Mr. Berg has opened up the ballot box from the first precinct. I would suggest that the Council look into another election, punch cards and process for counting. Crookston: Do you think we need another precinct? Kingsford: I don't think so, I don't think people were held up very long every voting, I think the problem is in counting. That was a~ good much to wait until 1:20 on counting. It appears that we are missing one ballot. They have mis-numbered those. We are apparently one off in ballots in the second precinct but there was no race that was within one. Missing one ballot do we just certify that we are missing one. Is everyone satisfied that they have looked at the material? Entertain a motion to canvass acknowledge that one ballot was missing in precinct two. Morrow. So moved Cowie: Second Kingsford: Moved by Walt, second by Bob to certify the election and acknowledge that one ballot was missing from precinct two, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #29: DEVELOPMENT AGREEMENT: CHAMBERLAIN ESTATES SUBDIVISION: Kingsford: You have reviewed that Shari? Stiles: Yes Mr. Mayor I have. Kingsford: Counselor, you guys have composite problem? Crookston: No, not on the development agreement. Kingsford: Where are we at, everyone involved with regarding to bagging the ..- ~ Meridian City Council November 8, 1995 Page 37 development agreements and going to a punch list that we focus in on that, is that still your desire, where are we at on that? Stiles: I am hoping we can start it immediately on your next annexation. To take that requirement out and instead state that it will be a list of conditions. Kingsford: Is there a motion to allow the Mayor to sign and the City Clerk to attest the development agreement for Chamberlain Estates Subdivision? Max: So moved Morrow. Second Kingsford: Moved by Max, second by Walt to allow the Mayor to sign and the City Clerk to attest the development agreement for Chamberlain Estates, all those in favor? Opposed? MOTION CARRIED: All Yea Crookston: Do you want to bring up the CC&R's on that subdivision? Kingsford: I can't I don't have them on my agenda. Crookston: I know you don't Kingsford: Do you have those, have you reviewed them? Crookston: I have there are some very slight modifications, I would request that the Council approve subject to my approval. Morrow: Mr. Mayor, I would move that we approve the CC&R's for Chamberlain Estates Subdivision subject to the final approval by City Attorney Crookston. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the CC&R's for Chamberlain estates Subdivision subject to Wayne Crookston's approval, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #30: WATER/SEWER/TRASH DELINQUENCIES: